,,ii #aadth ,,congress #ast ,session ,s4 #agjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #g1 #bjae,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to improve certain provisions relating to charter schools4 #a4 ,short title ,this ,act may be cited as the ,charter ,school ,accountability ,act of #bjae4 #b4 ,general provisions ,title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbja et seq47 is amended-- 7#a7 by striking the title heading and inserting ,empowering ,parents and ,expanding ,opportunity ,through ,innovation2 7#b7 by striking part ,a2 7#c7 by striking subparts #b and #c of part ,b2 7#d7 by redesignating parts ,b and ,c as parts ,a and ,b1 respectively2 7#e7 in part ,a1 as redesignated by paragraph 7#d71 by striking ,subpart #a--;,charter ,school ,programs2 7#f7 by redesignating sections #ebja through #ebaa as sections #eaja through #eaaa1 respectively2 7#g7 by redesignating sections #ecja through #ecjg as sections #ebja through #ebjg1 respectively2 7#h7 by striking sections #ecjh and #ecaj2 and 7#i7 by redesignating sections #ecji and #ecaa as sections #ebjh and #ebji1 respectively4 #c4 ,public charter schools ,part ,a of title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba et seq471 as redesignated by section #b7d71 is amended by striking sections #eaja through #eaje1 as redesignated by section #b7f71 and inserting the following3 #eaja4 ,purpose ,it is the purpose of this part to-- 7#a7 provide authorization and support for public charter schools providing elementary or secondary education as a means to test and learn from innovations aimed at improving the education of all students and strengthening public education2 7#b7 evaluate the impact of such schools on student achievement1 families1 and communities1 and share best practices among charter schools and other public schools2 7#c7 expand opportunities for children with disabilities1 students who are ,english learners1 and other traditionally underserved students to attend charter schools and meet the challenging ,state academic standards under section #aaaa7;b77#a72 and 7#d7 support efforts to strengthen the charter school authorizing process to improve performance management1 including transparency1 monitoring1 including financial audits1 and evaluation of such schools4 #eajb4 ,program authorized 7a7 ,in general ,the ,secretary may award grants to eligible ,state educational agencies having applications approved pursuant to section #eajc7;f7 to enable such agencies to conduct a charter school grant program in accordance with this part1 by-- 7#a7 supporting the startup of charter schools that are evaluated by the charter school authorizer for quality and local impact2 7#b7 supporting the replication and expansion of high-quality charter schools2 7#c7 assisting charter schools in accessing credit to acquire and renovate facilities for school use2 and 7#d7 carrying out national activities to support-- 7,a7 the dissemination of best and promising practices between and among magnet1 traditional district1 and charter schools2 7,b7 the evaluation of the impacts of the charter school program under this part on educational quality and equity for students1 and the overall strength of public education in local communities2 and 7,c7 stronger charter school authorizing4 7b7 ,funding allotment ,from the amount made available under section #eaac for a fiscal year1 the ,secretary shall-- 7#a7 reserve #ab4e percent to support charter school facilities assistance under section #eajd2 7#b7 reserve not more than #be percent to carry out sections #eajc;,a and #eaje2 and 7#c7 use the remaining amount after the reservations under paragraphs 7#a7 and 7#b7 to carry out section #eajc4 7c7 ,prior grants and subgrants ,the recipient of a grant or subgrant under this part 7as such part was in effect on the day before the date of enactment of the ,charter ,school ,accountability ,act of #bjae7 shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant4 #eajc4 ,grants to support high-quality charter schools 7a7 ,program authorized ,from the amount available under section #eajb7;b77#c71 the ,secretary shall award1 on a competitive basis1 grants to eligible ,state educational agencies having applications approved under subsection 7f7 to enable such eligible ,state educational agencies to-- 7#a7 award subgrants to eligible applicants to enable such eligible applicants to-- 7,a7 support the startup of charter schools that are thoroughly vetted by the authorizer for quality and local impact2 7,b7 replicate or expand high-quality charter schools1 which may include-- 7i7 supporting the acquisition1 expansion1 or preparation of a charter school building to meet increasing enrollment needs1 including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations2 7ii7 paying costs associated with hiring additional teachers to serve additional students2 7iii7 providing transportation to students to and from the charter school2 7iv7 providing instructional materials1 implementing teacher and principal or other school leader professional development programs1 and hiring additional nonteaching staff2 7v7 supporting any necessary activities that assist the charter school in carrying out this section2 and 7vi7 providing early childhood education programs for children1 including direct support to1 and coordination with1 school or community based early childhood education programs2 or 7,c7 in the case of the closure or dissolution of a charter school1 transfer students and student records to another school in the school district in which the charter school is located2 and 7#b7 provide technical assistance to eligible applicants and charter school authorizers in carrying out the activities described in paragraph 7#a71 and work with charter school authorizers in the ,state to improve authorizing quality1 including developing capacity for and conducting fiscal oversight and auditing of charter schools4 7b7 ,eligible ,state educational agency defined ,for purposes of this section1 the term eligible ,state educational agencies are ,state educational agencies with all of the following student1 family1 community and taxpayer protection laws and policies in place3 7#a7 ,state law authorizing the creation of charter schools ,the ,state must have a law in force that authorizes the creation and operation of charter schools4 7#b7 ,fiduciary duties and conflict of interest rules ,the ,state must have legally binding rules establishing fiduciary duties for officers1 directors1 managers1 and employees of charter schools and prohibitions against conflicts of interest among officers1 directors1 managers1 and employees of charter schools1 education management organizations1 and related entities4 ,specifically1 the ,state must have legally binding rules-- 7,a7 providing that charter school officers1 directors1 managers1 and employees occupy positions of trust when they handle the money or property of the charter school2 7,b7 prohibiting charter school officers1 directors1 managers1 and employees from dealing with the charter school as an adverse party or acting on behalf of an adverse party in any matter connected with the duties of such officer1 director1 manager1 or employee2 7,c7 prohibiting charter school officers1 directors1 managers1 and employees from holding or acquiring any pecuniary or personal interest that conflicts with the interests of the charter school2 7,d7 prohibiting education management organizations from entering into any transaction with a related party1 including-- 7i7 any related entity formed for the purpose of managing or providing support to a charter school or group of related charter schools2 7ii7 any direct or indirect wholly owned subsidiary of any such entity1 if the transaction benefits the education management organization1 the related party1 or both2 or 7iii7 any other related party2 and 7,e7 providing civil remedies and criminal penalties1 as applicable1 that will apply to a breach of fiduciary duties and prohibited actions described in this paragraph in the same manner that such remedies or penalties apply to a breach of fiduciary duties or an action similar to a prohibited action under this paragraph in the case of officers1 directors1 managers1 and employees of an entity that is not a charter school4 7#c7 ,public removal of charter school governing board members ,the ,state charter school law shall ensure that a ,state agency or charter school authorizer has the authority to remove a member of a charter school's governing board if the member has violated the member's fiduciary responsibilities or the applicable conflict of interest rules4 7#d7 ,independent financial audit requirements with public disclosure ,the ,state must require that all charter schools1 and all education management organizations that enter into management services contracts with charter schools-- 7,a7 conduct annual1 independent audits of their financial statements and submit these required audit reports to the eligible ,state educational agency2 and 7,b7 make the required audit reports1 including any management letters1 publicly available via disclosure by the eligible ,state educational agency4 7#e7 ,charter school access to books and records of education management organizations ,the ,state must require that a charter school's governing board have access to all the books and records-- 7,a7 of any education management organization with which the board has contracted to manage the school2 and 7,b7 that are applicable to that charter school4 7#f7 ,open meetings and open records requirements for charter schools ,the ,state must provide that charter schools are covered by the ,state's open meetings and open records laws to the same extent that public schools and school boards are covered by such laws4 7#g7 ,charter school authorizer authority ,the ,state must have policies in force that provide charter school authorizers with the authority to-- 7,a7 inspect and obtain copies of any books and records of the charter schools they authorize1 including all contracts entered into by the charter schools2 and 7,b7 conduct a review or audit of educational performance and financial operations of the charter schools they authorize4 7#h7 ,charter school authorizer accountability ,the ,state must have policies holding charter school authorizers responsible for monitoring the educational performance and financial operations of all charter schools that the charter school authorizer has authorized4 ,such policies must include all of the following3 7,a7 ,performance standards for charter school authorizers4 7,b7 ,a standardized and public charter school authorizer performance reporting system that discloses1 for each authorizer in each school year-- 7i7 the number of applications received2 7ii7 the number of applications approved2 7iii7 the name1 location1 and status of each authorized school2 and 7iv7 all charter school closures1 decisions to deny renewal of charters1 or decisions to cancel charters1 including reasons for the closures1 nonrenewal decisions1 or cancellation decisions4 7,c7 ,the provision of technical assistance to help authorizers meet performance standards4 7,d7 ,authority on the part of an agency or instrumentality of the ,state to suspend or revoke an authorizer's ability to authorize charter schools on the basis of poor performance1 and policies relating to that authority1 including-- 7i7 published criteria for such suspensions or revocations based on the educational or financial performance of the schools that are authorized by the charter school authorizer2 and 7ii7 a protocol or policy for reassigning authorizer responsibilities for each such school to another appropriate authorizer and assisting with the necessary transition 7except in the case of a ,state that has only one charter school authorizer74 7,e7 ,a policy regarding how charter schools are monitored and held accountable for-- 7i7 meeting the requirements described in section #eaaj7a72 and 7ii7 providing equitable access and effectively serving the needs of all students1 including students with disabilities and ,english learners4 7,f7 ,a policy regarding how the charter school authorizer will ensure that the local educational agency that serves a charter school that such charter school authorizer has authorized will comply with subsections 7a77#e7 and 7e77#a77;,b7 of section #fac of the ,individuals with ,disabilities ,education ,act4 7#i7 ,for-profit charter schools ,the ,state must have laws in effect that require for-profit charter schools to-- 7,a7 ensure that the charter school's educational responsibilities take primacy over other purposes1 such as generating financial returns for investors1 contributing to a related or parent organization1 or supporting external interests2 and 7,b7 include board members who have no significant administrative position and no ownership interest in the charter school or a related party1 as described in section #eajc7;b77#b77;,d74 7#aj7 ,districtwide multi-year school plan ,the ,state must require local educational agencies1 charter school authorizers1 and charter schools to jointly develop and regularly update a districtwide multi-year school plan1 which shall be coordinated by the charter school authorizer4 7#aa7 ,impact statement ,the ,state must require that before any new charter school application is approved1 the local educational agency that serves the charter school or is in the geographic area of the charter school1 in accordance with the districtwide multi-year school plan1 shall-- 7,a7 prepare an impact statement-- 7i7 assessing the proposed charter school's impact on the districtwide multi-year school plan2 and 7ii7 identifying the role that the charter school intends to fill within the local educational agency2 7,b7 make such impact statement available to community members prior to the hearing described in subparagraph 7,c72 and 7,c7 hold a community input hearing prior to the determination about the approval or disapproval of a pending charter school application4 7#ab7 ,impact report ,the ,state educational agency must prepare1 and publish on the ,state educational agency website1 an annual assessment of the impact of charter schools on local educational agencies in the ,state1 including-- 7,a7 a review of the flow of funding between sectors1 student enrollment trends1 and educational outcomes2 7,b7 identification of noteworthy innovative or promising practices carried out by charter schools in the ,state2 and 7,c7 documentation of efforts that lead to two-way cross sector sharing of promising practices4 7#ac7 ,charter school disclosures 7,a7 ,in ,general ,subject to subparagraph 7,b71 the ,state must require each charter school to publicly disclose1 on the school's website1 the following3 7i7 ,the school's charter documents4 7ii7 ,any performance agreements in effect between the charter school and the charter school's authorizer4 7iii7 ,a description of the school's program1 including courses and programs offered4 7iv7 ,whether or not transportation services are provided1 and any fees for transportation4 7v7 ,whether or not meals and snacks are served at school and whether or not free or reduced-price meals are available 7and1 if so1 to which students74 7vi7 ,annual student attrition rates by grade level4 7vii7 ,student behavior or discipline codes1 policies1 and processes1 including parent appeal options4 7viii7 ,annual teacher attrition rates4 7ix7 ,the amounts of non-public funding sources1 including the duration of philanthropic funding commitments4 7x7 ,the names of legal title holders of land and buildings that the charter school utilizes1 along with a description of any public subsidies used directly or indirectly to purchase or lease charter school property4 7xi7 ,fees related to incidentals of attendance1 and whether any of those fees are waived for certain students 7such as for students who are eligible to receive a free or reduced price lunch74 7xii7 ,information related to financial and in-kind contributions of support1 which shall be-- 7,i7 the amount and duration of any ,federal1 ,state1 local1 and private financial and in-kind contributions of support1 and how such funding and in-kind contributions are spent or used2 7,,ii7 the information required to be submitted to the ,office for ,civil ,rights for the ,civil ,rights ,data ,collection2 or 7,,iii7 in the case of an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code that is exempt from taxation under section #eja7;a7 of that ,code1 the information required to be submitted on any return to be filed under section #fjcc of that ,code4 7,b7 ,personally identifiable information ,notwithstanding the requirements under subparagraph 7,a71 a charter school shall not provide any information under this paragraph that would reveal personally identifiable information about an individual4 7c7 ,eligible ,state educational agency uses of funds 7#a7 ,in general ,an eligible ,state educational agency receiving a grant under this section shall-- 7,a7 use not less than #ij percent of the grant funds to award subgrants to eligible applicants1 in accordance with the quality charter school program described in the eligible ,state educational agency's application pursuant to subsection 7f71 for the purposes described in subsection 7a77#a72 7,b7 reserve not less than #e percent of such funds to carry out the activities described in subsection 7a77#b72 7,c7 reserve not more than #c percent of such funds for administrative costs1 which may include the administrative costs of providing technical assistance2 and 7,d7 reserve not less than #b percent of such funds for the oversight of charter school use of ,federal1 ,state1 and local public funds and private funds1 including the investigation of fraud1 waste1 mismanagement and misconduct and ensuring compliance with paragraphs 7#b71 7#d71 and 7#ac7 of subsection 7b71 which may be used by-- 7i7 the ,state for oversight of each charter school in the ,state2 7ii7 local educational agencies for oversight of public charter schools served by the local educational agency2 and 7iii7 charter school authorizers for-- 7,i7 oversight of each charter school that is authorized by such authorizer2 and 7,,ii7 coordination of the districtwide multi-year school plan1 as described in subsection 7b77#aj74 7#b7 ,rules of construction ,nothing in this part shall prohibit the ,secretary from awarding grants to eligible ,state educational agencies1 or eligible ,state educational agencies from awarding subgrants to eligible applicants1 that use a weighted lottery1 or an equivalent lottery mechanism1 to give better chances for school admission to all or a subset of educationally disadvantaged students if-- 7,a7 the use of a weighted lottery in favor of such students is not prohibited by ,state law2 and 7,b7 such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students4 7d7 ,program periods2 peer review2 distribution of subgrants2 waivers 7#a7 ,program periods 7,a7 ,grants ,a grant awarded by the ,secretary to an eligible ,state educational agency under this section shall be for a period of not more than #c years1 and may be renewed by the ,secretary for one additional #b-year period4 7,b7 ,subgrants ,a subgrant awarded by an eligible ,state educational agency under this section-- 7i7 shall be for a period of not more than #c years1 of which an eligible applicant may use not more than #ah months for planning and program design2 and 7ii7 may be renewed by the eligible ,state educational agency for one additional #b-year period4 7#b7 ,peer review ,the ,secretary1 and each eligible ,state educational agency awarding subgrants under this section1 shall use a peer-review process to review applications for assistance under this section4 7#c7 ,distribution of subgrants ,each eligible ,state educational agency awarding subgrants under this section shall award subgrants in a manner that1 to the extent practicable and applicable1 ensures that such subgrants-- 7,a7 prioritize eligible applicants that plan to serve a significant number of students from low-income families2 7,b7 are distributed throughout different areas1 including urban1 suburban1 and rural areas2 and 7,c7 will assist charter schools representing a variety of educational approaches4 7#d7 ,waivers ,the ,secretary may waive any statutory or regulatory requirement over which the ,secretary exercises administrative authority under this ,act with respect to charter schools supported under this part1 except any such requirement relating to the elements of a charter school1 if-- 7,a7 the waiver is requested in an approved application2 and 7,b7 the ,secretary determines that granting such waiver will promote the purposes of this part4 7e7 ,limitations 7#a7 ,grants ,an eligible ,state educational agency may not receive more than #a grant under this section at a time4 7#b7 ,subgrants ,an eligible applicant may not receive more than #a subgrant under this section for each individual charter school for each grant period or renewal period1 unless the eligible applicant demonstrates to the eligible ,state educational agency that such individual charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs 7,a7 and 7,d7 of section #eaaj7h74 7f7 ,applications 7#a7 ,in ,general ,an eligible ,state educational agency 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 require4 7#b7 ,contents ,the application shall1 in addition to citing the applicable policies necessary to satisfy the grant eligibility criteria set forth in subsection 7b71 provide a description of the eligible ,state educational agency's objectives in running a quality charter school program under this section and how the objectives of the program will be carried out1 including a description of the following3 7,a7 ,how the eligible ,state educational agency will-- 7i7 support the opening of new charter schools and1 if applicable1 the replication or expansion of high-quality charter schools1 and the proposed number of charter schools to be opened1 replicated1 or expanded under the eligible ,state educational agency's program2 7ii7 inform eligible charter schools1 developers1 and charter school authorizers of the availability of funds under the program2 7iii7 work with eligible applicants to ensure that the eligible applicants access all ,federal funds that such applicants are eligible to receive1 and help the charter schools supported by the applicants and the students attending those charter schools-- 7,i7 participate in the ,federal programs in which the schools and students are eligible to participate2 and 7,,ii7 receive the commensurate share of ,federal funds the schools and students are eligible to receive under such programs2 7iv7 ensure each eligible applicant that receives a subgrant under the eligible ,state educational agency's program-- 7,i7 is opening or expanding schools that meet the definition of a charter school under section #eaaj2 and 7,,ii7 is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available2 7v7 support charter schools in local educational agencies with schools that have been identified by the ,state under section #aaaf7;b72 7vi7 work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school2 7vii7 work with charter schools on recruitment practices1 including efforts to engage groups that may otherwise have limited opportunities to attend charter schools2 7viii7 promote the sharing of best and promising practices among and across their charter1 magnet1 and traditional school sectors2 7ix7 ensure that charter schools receiving funds under the eligible ,state educational agency's program meet the educational needs of their students1 including students with disabilities and students who are ,english learners2 7x7 support efforts to increase charter school quality initiatives1 including meeting quality authorizing elements in this part2 7xi7 hold charter schools within such eligible ,state educational agency's jurisdiction accountable if such schools do not meet the objectives specified in the performance contract described in section #eaaj7a71 including by closing unsuccessful schools2 and 7xii7 ensure that local educational agencies within such eligible ,state educational agency's jurisdiction comply with subsections 7a77#e7 and 7e77#a77;,b7 of section #fac of the ,individuals with ,disabilities ,education ,act4 7,b7 ,the eligible ,state educational agency's authorizer accountability policies and operations1 and plans pursuant to section #eajc7;b77#h74 7,c7 ,how the eligible ,state educational agency will ensure that each eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the eligible ,state educational agency's program4 7,d7 ,how the eligible ,state educational agency will allow for an impartial appeals process for a denial by a charter school authorizer of a developer's application for a charter school4 7,e7 ,how the eligible ,state educational agency will award subgrants1 on a competitive basis1 to eligible applicants1 on the basis of applications that include-- 7i7 the name and address of the public charter school and its mission1 purpose1 and any specialized innovation of the charter school2 7ii7 a description of the roles and responsibilities of eligible applicants1 and of any education management organizations or other organizations with which the eligible applicant will partner to open charter schools1 including the administrative and contractual roles and responsibilities of such partners2 7iii7 the proposed governance structure of the school1 developed with public input and including1 at a minimum1 a list of members of the governing board with each member's qualifications1 terms1 and full financial disclosure of any potential conflicts of interest1 including relationships with education management organizations1 vendors1 or other business dealings with the school or other charter schools2 7iv7 for a traditional public school applying to convert to a charter school1 demonstrated support of two-thirds of the families of children attending the school and two-thirds of the school staff for the conversion2 7v7 any contract between the charter school and an education management organization2 7vi7 student recruitment1 admission1 and retention policies and practices1 including a description of how the school provides equitable access and effectively serves the needs of all students1 including students with disabilities and ,english learners1 and implements outreach and recruitment practices that include the families of all students2 7vii7 the ages and grades of students and an estimate of the total enrollment of the school to be served by the charter school2 7viii7 the number of staff and school leadership positions1 including full-time and part-time employees1 and qualifications of employees2 7ix7 a description of the educational program1 methodology1 and services to be offered to students1 including students who are ,english learners and students with disabilities2 7x7 information about the school's daily hours of operation and number of days in the school year2 7xi7 a description of how the school will engage parents as partners in the education of their children2 7xii7 a description of transportation services provided to and from school for students2 7xiii7 a statement that the school will not discriminate on the basis of race1 national origin1 gender1 sexual orientation and gender identity1 ethnicity1 disability1 academic achievement1 or home language and that the school will comply with ,federal and ,state civil rights laws applicable to other publicly funded elementary and secondary schools2 7xiv7 evidence of adequate community support for and interest in the charter school sufficient to allow the school to reach its anticipated enrollment1 and an assessment of the projected programmatic and fiscal impact of the school on other public and nonpublic schools in the area2 7xv7 a description of the health and food services to be provided to students attending the school1 including whether the school participates in any free or reduced price lunch programs2 7xvi7 methods and strategies for serving students with disabilities1 students who are ,english learners1 and students who are homeless1 including compliance with all applicable ,federal laws2 7xvii7 a description of the procedures to be followed in the case of the closure or dissolution of the charter school1 including-- 7,i7 provisions for the transfer of students and student records to the school district in which the charter school is located1 which transfer activities may be carried out using funds under this part2 7,,ii7 the amount of funds that will be held in escrow annually to fund closure or dissolution related costs2 and 7,,iii7 unless ,state law requires otherwise1 procedures for the disposition of the charter school's assets to the local educational agency that serves the charter school or is in the geographic area of the charter school2 7xviii7 the hiring and personnel policies and procedures of the school2 7xix7 a description of the manner by which employees of the charter school will be covered by the ,state teachers' retirement system1 the public employees' retirement system1 or other pension or retirement plan as well as compensation1 health1 and other benefits provided to the school's employees2 7xx7 for the purposes of a traditional public school that seeks to convert to a public charter school1 how the charter school will comply with the same public sector labor relations laws and regulations as required of traditional public schools1 including collective bargaining rights of the employees of the charter school1 as applicable under ,state law2 7xxi7 a statement that the public charter school will conduct or arrange for the performance of annual independent financial audits and submit the audits to the eligible ,state educational agency2 7xxii7 a #c-year plan to sustain the maintenance1 operation1 and fiscal stability of the school2 7xxiii7 a statement that the school will maintain a public online site with information as required in this section1 and as otherwise provided in ,federal1 ,state1 and local requirements applicable to other public schools1 and a statement that the public charter school will participate in an independent evaluation1 and any other evaluations or assessments1 in the time and manner determined by the eligible ,state educational agency2 and 7xxiv7 a description of the quality controls agreed to between the eligible applicant and the authorizer1 such as a contract or a performance agreement or financial audits to ensure adequate fiscal oversight4 7,f7 ,in the case of an eligible ,state educational agency that partners with an outside organization to carry out the entity's quality charter school program1 in whole or in part1 a description of the roles and responsibilities of the partner4 7,g7 ,how the eligible ,state educational agency will help the charter schools receiving funds under the eligible ,state educational agency's program address the transportation needs of the schools' students4 7#c7 ,assurances ,the application shall1 in addition to the information described in paragraph 7#b71 include assurances that the eligible ,state educational agency will ensure that the charter school authorizer of any charter school that receives funds under the eligible ,state educational agency's program-- 7,a7 ensures that the charter school under the authority of such agency is meeting the requirements of this ,act1 part ,b of the ,individuals with ,disabilities ,education ,act1 title ,,vi of the ,civil ,rights ,act of #aifd1 and section #ejd of the ,rehabilitation ,act of #aigc2 7,b7 adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting1 enrolling1 retaining1 and meeting the needs of all students1 including children with disabilities and students who are ,english learners2 and 7,c7 ensures that each such charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school4 7g7 ,parent information and rights 7#a7 ,as a condition for eligibility for funding under this part1 eligible ,state educational agencies shall-- 7,a7 ensure that each charter school in the ,state provides the information described in paragraph 7#b7 to the parents of the students who attend the charter school in a manner that is-- 7i7 concise2 7ii7 presented in an understandable and uniform format and1 to the extent practicable1 in a language that parents can understand2 and 7iii7 widely accessible to the public2 and 7,b7 make such information available on a single webpage of the ,state educational agency's website4 7#b7 ,such information shall include1 at a minimum1 each of the following3 7,a7 ,information about the charter school's mission1 educational programs1 and services4 7,b7 ,the charter application and the approved charter document for the school1 as well as any performance or other agreements in effect between the charter school and its authorizer4 7,c7 ,rules and policies regarding student behavior and student disciplinary policies and practices1 including suspension and expulsion policies4 7,d7 ,information about the provision of meals and snacks1 including-- 7i7 the number and type of meals and snacks served each day2 7ii7 whether such meals and snacks are fully or partially subsidized2 and 7iii7 information about student eligibility for free and reduced price lunch programs4 7,e7 ,information about transportation to and from the school1 including any transportation that is free or subsidized to students and the eligibility requirements for free or subsidized transportation4 7,f7 ,recruitment and admission policies and practices used at each charter school site4 7,g7 ,information about the school's daily1 weekly1 and school year schedule1 including hours of operation and number of days in the school year4 7,h7 ,the number of years that the public charter school has operated4 7,i7 ,the maximum number of students in each classroom by grade4 7,j7 ,staff qualifications 7including school leadership7 and languages spoken by staff4 7,k7 ,fees related to incidentals of attendance 7other than tuition71 and whether any of those fees are waived for certain students 7such as for students who are eligible to receive a free or reduced price lunch74 7,l7 ,data on attendance and the number of suspensions and expulsions by school year1 in total and disaggregated by each of the categories of students described in section #aaaa7;b77#b77;,c77v74 7,m7 ,annual student attrition rates by grade level4 7,n7 ,annual teacher attrition rates and numbers1 disaggregated by grade level and teaching subject matter1 years of experience1 and credential4 7,o7 ,procedures for parents1 students1 and school employees to appeal school decisions and the procedures and processes for such appeals4 7,p7 ,other information that would assist a parent in making a decision to enroll a child in the public charter school4 7#c7 ,notwithstanding the requirements under paragraph 7#b71 a charter school shall not provide any information under this subsection that would reveal personally identifiable information about an individual4 7h7 ,selection criteria2 priority ,the ,secretary shall award grants to eligible ,state educational agencies under this section on the basis of-- 7#a7 the quality of the applications submitted2 7#b7 the performance record of the charter sector in the applicant ,state1 including in the areas of promoting high student achievement and growth1 identification and use of instructional and other educational program innovations to strengthen public education1 financial management1 student safety1 and compliance with applicable policies2 and 7#c7 the eligible ,state educational agency'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 ,state4 7i7 ,state evaluation and report 7#a7 ,in ,general ,beginning not later than #b years after the date of enactment of the ,charter ,school ,accountability ,act of #bjae1 each eligible ,state educational agency receiving a grant under this section shall enter into a contract for an independent evaluation of the charter schools in the ,state1 which shall be carried out on an annual basis4 ,the ,state educational agency may use grant funds under this section to pay the cost of the independent evaluation and related reporting4 7#b7 ,submission to the ,secretary2 ,public availability ,each such independent evaluation shall be submitted to the ,secretary and shall also be made publicly available on the website of the agency4 7#c7 ,contents ,the independent evaluation described in paragraph 7#a7 shall include an evaluation of the following3 7,a7 ,an assessment of the cumulative impact of charter schools on local educational agencies within the ,state1 including on the flows of funding between sectors1 student enrollment trends1 staffing1 and educational outcomes1 along with recommendations for any changes to laws1 regulations1 or policies to address identified problems4 7,b7 ,a compilation of profiles of public charter school and other charter schools in the ,state relating to demographic information on student enrollment and retention4 7,c7 ,staff and leadership qualifications1 demographic information and retention information regarding staff1 and academic and nonacademic programs provided1 in charter schools in the ,state4 7,d7 ,the academic achievement of students in each public charter school in the ,state1 as compared to students enrolled in other public charter schools within the same local educational agency and as compared to other students enrolled in all public schools in the local educational agency1 accounting for differences in student populations served1 programs and services provided1 and public and nonpublic funding available in the schools students are attending4 7,e7 ,adequacy of funding and resource distribution among public charter schools and noncharter public schools in the ,state1 accounting for differences in student populations served and programs and services provided4 7,f7 ,recommendations for any changes to laws1 regulations1 or policies that would facilitate improvement of student outcomes in public charter schools in the ,state4 7,g7 ,recommendations for improvements in equity1 transparency1 and accountability of public charter schools in the ,state to the public and the parents and staff at such public charter schools4 7,h7 ,identification of best and promising practices within the sectors of public schools1 private schools1 and charter schools1 in the ,state and the extent to which these are being shared to improve educational outcomes as a whole1 barriers to effective sharing1 and recommendations for how to reduce such barriers1 in the ,state4 7,i7 ,how the eligible ,state educational agency has worked with charter schools receiving funds under the ,state educational agency's program to foster community involvement in the planning for and opening of such schools4 #eajc;,a4 ,grants for the replication and expansion of high-quality charter schools 7a7 ,in ,general ,from amounts reserved under section #eajb7;b77#b71 the ,secretary shall make grants1 on a competitive basis1 to eligible entities having applications approved under this section to enable such eligible entities to replicate a high-quality charter school or expand a high-quality charter school4 7b7 ,eligible entity defined ,for purposes of this section1 the term eligible entity means an entity that-- 7#a7 7,a7 is a charter management organization that1 at the time of the application1 operates or manages one or more high-quality charter schools2 or 7,b7 is a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations2 and 7#b7 7,a7 operates in a ,state that meets the requirements of section #eajc7;b72 or 7,b7 if the entity does not operate in such a ,state1 the ,secretary has certified that the eligible entity has policies and controls in place that are in compliance with section #eajc7;b7 and the ,secretary has determined that awarding a grant under this section to the entity will promote the purposes of this part4 7c7 ,application requirements ,an eligible 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 require4 ,the application shall include the following3 7#a7 ,each item that is required for an application as described in clauses 7i7 through 7xxiv7 of section #eajc7;f77#b77;,e71 except that the term eligible entity shall be substituted for the term eligible applicant4 7#b7 ,a description of the eligible entity's objectives for implementing a high-quality charter school program with funding under this section1 including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this section4 7#c7 ,a description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand1 including information on how the program will enable all students to meet the challenging ,state academic standards under section #aaaa7;b77#a71 the grade levels or ages of students that will be served1 and the instructional practices that will be used4 7#d7 ,a multi-year financial and operating model for the eligible entity1 including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this section has ended4 7#e7 ,a description of how the eligible entity will inform all students in the community1 including children with disabilities1 students who are ,english learners1 and other educationally disadvantaged students1 about the charter schools to be replicated or expanded with funding under this section4 7#f7 ,for each charter school currently operated or managed by the eligible entity-- 7,a7 student assessment results for all students and for each category of students described in section #aaaa7;b77#b77;,c77v72 and 7,b7 attendance and student retention rates for the most recently completed school year and1 if applicable1 the most recent available #d-year adjusted cohort graduate rate and extended-year adjusted cohort graduation rate 7as such rates were calculated on the day before enactment of the ,charter ,school ,accountability ,act of #bjae74 7#g7 ,information on any significant compliance issues encountered1 within the last #c years1 by any school operated or managed by the eligible entity1 including in the areas of student safety and financial management4 7#h7 ,an assurance that the eligibly entity will comply with the requirements of-- 7,a7 section #eajc7;f77#c72 and 7,b7 section #eajc7;g74 7d7 ,selection criteria ,the ,secretary shall select eligible entities to receive grants under this section1 on the basis of the quality of-- 7#a7 the selection criteria described in section #eajc7;h72 7#b7 the eligible entity's financial and operating model1 including the quality of the eligible entity's plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this section has ended2 7#c7 a determination that the eligible entity has not operated or managed a significant proportion of charter schools that-- 7,a7 have been closed2 7,b7 have had a school charter revoked due to problems with statutory or regulatory compliance2 or 7,c7 have had the school's affiliation with the eligible entity revoked2 and 7#d7 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 charter4 7e7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that operate or manage charter schools that1 in the aggregate1 serve students at least #fj percent of whom are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act4 7f7 ,terms and conditions ,except as otherwise provided in this section1 grants awarded under this section shall have the same terms and conditions as grants awarded to eligible ,state educational agencies under section #eajc4 #eajd4 ,facilities financing assistance 7a7 ,grants to eligible entities 7#a7 ,in general ,from the amount reserved under section #eajb7;b77#a71 the ,secretary shall use not less than #ej percent to award not less than #c grants1 on a competitive basis1 to eligible entities that have the highest quality applications approved under subsection 7d7 to demonstrate innovative methods of helping charter schools to address the cost of acquiring1 constructing1 and renovating facilities by enhancing the availability of loans or bond financing4 7#b7 ,eligible entity defined ,for the purposes of this section1 the term eligible entity means an entity with at least an upper medium grade credit rating1 which shall be-- 7,a7 a public entity1 such as a ,state or local governmental entity2 7,b7 a private nonprofit entity2 or 7,c7 a consortium of entities described in subparagraphs 7,a7 and 7,b74 7b7 ,grantee selection ,the ,secretary shall evaluate each application submitted under subsection 7d71 and shall determine whether the application is sufficient to merit approval4 7c7 ,grant characteristics ,grants under subsection 7a7 shall be of a sufficient size1 scope1 and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition1 construction1 or renovation4 7d7 ,applications 7#a7 ,in general ,an eligible entity desiring to receive a grant under this section shall submit an application to the ,secretary in such form as the ,secretary may reasonably require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall contain-- 7,a7 a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection 7a71 including how the eligible entity will determine which charter schools will receive assistance1 and how much and what types of assistance charter schools will receive2 7,b7 a description of the involvement of charter schools in the application's development and the design of the proposed activities2 7,c7 a description of the eligible entity's expertise in capital market financing2 7,d7 a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools1 including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section2 7,e7 a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought2 and 7,f7 in the case of an application submitted by a ,state governmental entity1 a description of the actions that the entity has taken1 or will take1 to ensure that charter schools within the ,state receive the funding that charter schools need to have adequate facilities4 7e7 ,charter school objectives ,an eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection 7f7 to assist one or more charter schools to access private sector capital to accomplish one or more of the following objectives3 7#a7 ,the acquisition 7by purchase1 lease1 donation1 or otherwise7 of an interest 7including an interest held by a third party for the benefit of a charter school7 in improved or unimproved real property that is necessary to commence or continue the operation of a charter school4 7#b7 ,the construction of new facilities1 including predevelopment costs1 or the renovation1 repair1 or alteration of existing facilities1 necessary to commence or continue the operation of a charter school4 7#c7 ,the predevelopment costs required to assess sites for purposes of paragraph 7#a7 or 7#b7 and which are necessary to commence or continue the operation of a charter school4 7f7 ,reserve account 7#a7 ,use of funds ,to assist charter schools in accomplishing the objectives described in subsection 7e71 an eligible entity receiving a grant under subsection 7a7 shall1 in accordance with ,state and local law1 directly or indirectly1 alone or in collaboration with others1 deposit the funds received under subsection 7a7 7other than funds used for administrative costs in accordance with subsection 7g77 in a reserve account established and maintained by the eligible entity for this purpose4 ,amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes3 7,a7 ,guaranteeing1 insuring1 and reinsuring bonds1 notes1 evidences of debt1 loans1 and interests therein1 the proceeds of which are used for an objective described in subsection 7e74 7,b7 ,guaranteeing and insuring leases of personal and real property for an objective described in such subsection4 7,c7 ,facilitating financing by identifying potential lending sources1 encouraging private lending1 and other similar activities that directly promote lending to1 or for the benefit of1 charter schools4 7,d7 ,facilitating the issuance of bonds by charter schools1 or by other public entities for the benefit of charter schools1 by providing technical1 administrative1 and other appropriate assistance 7including the recruitment of bond counsel1 underwriters1 and potential investors and the consolidation of multiple charter school projects within a single bond issue74 7#b7 ,investment ,funds received under this section and deposited in the reserve account established under paragraph 7#a7 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 subsection 7a7 shall be deposited in the reserve account established under paragraph 7#a7 and used in accordance with this subsection4 7g7 ,limitation on administrative costs ,an eligible entity may use not more than #b4e percent of the funds received under subsection 7a7 for the administrative costs of carrying out its responsibilities under this section 7excluding subsection 7k774 7h7 ,audits and reports 7#a7 ,financial record maintenance and audit ,the financial records of each eligible entity receiving a grant under subsection 7a7 shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant4 7#b7 ,reports 7,a7 ,grantee annual reports ,each eligible entity receiving a grant under subsection 7a7 annually shall submit to the ,secretary a report of the entity's operations and activities under this section4 7,b7 ,contents ,each annual report submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the most recent financial statements1 and any accompanying opinion on such statements1 prepared by the independent public accountant reviewing the financial records of the eligible entity2 7ii7 a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph 7#a7 during the reporting period2 7iii7 an evaluation by the eligible entity of the effectiveness of its use of the ,federal funds provided under subsection 7a7 in leveraging private funds2 7iv7 a listing and description of the charter schools served during the reporting period1 including the amount of funds used by each school1 the type of project facilitated by the grant1 and the type of assistance provided to the charter schools2 7v7 a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection 7e72 and 7vi7 a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section 7excluding subsection 7k77 during the reporting period4 7,c7 ,secretarial report ,the ,secretary shall review the reports submitted under subparagraph 7,a7 and shall provide a comprehensive annual report to ,congress on the activities conducted under this section 7excluding subsection 7k774 7i7 ,no full faith and credit for grantee obligation ,no financial obligation of an eligible entity entered into pursuant to this section 7such as an obligation under a guarantee1 bond1 note1 evidence of debt1 or loan7 shall be an obligation of1 or guaranteed in any respect by1 the ,united ,states4 ,the full faith and credit of the ,united ,states is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section4 7j7 ,recovery of funds 7#a7 ,in general ,the ,secretary1 in accordance with chapter #cg of title #ca1 ,united ,states ,code1 shall collect-- 7,a7 all of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines1 not earlier than #b years after the date on which the eligible entity first received funds under this section 7excluding subsection 7k771 that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection 7f77#a72 or 7,b7 all or a portion of the funds in a reserve account established by an eligible entity under subsection 7f77#a7 if the ,secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection4 7#b7 ,exercise of authority ,the ,secretary shall not exercise the authority provided in paragraph 7#a7 to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection 7f77#a74 7#c7 ,procedures ,the provisions of sections #dea1 #deb1 and #deh of the ,general ,education ,provisions ,act shall apply to the recovery of funds under paragraph 7#a74 7#d7 ,construction ,this subsection 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 7k7 ,per-,pupil facilities aid program 7#a7 ,definition of per-pupil facilities aid program ,in this subsection1 the term per-pupil facilities aid program means a program in which a ,state makes payments1 on a per-pupil basis1 to charter schools to provide the schools with financing-- 7,a7 that is dedicated solely for funding charter school facilities2 or 7,b7 a portion of which is dedicated for funding charter school facilities4 7#b7 ,grants 7,a7 ,in general ,from the amount reserved under section #eajb7;b77#a7 and remaining after the ,secretary makes grants under subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 to ,states to pay for the ,federal share of the cost of establishing or enhancing1 and administering1 per-pupil facilities aid programs4 7,b7 ,period ,the ,secretary shall award grants under this subsection for periods of not more than #e years4 7,c7 ,federal share ,the ,federal share of the cost described in subparagraph 7,a7 for a per-pupil facilities aid program shall be not more than-- 7i7 #ij percent of the cost1 for the first fiscal year for which the program receives assistance under this subsection2 7ii7 #hj percent for the second such year2 7iii7 #fj percent for the third such year2 7iv7 #dj percent for the fourth such year2 and 7v7 #bj percent for the fifth such year4 7,d7 ,state share ,a ,state receiving a grant under this subsection may partner with #a or more organizations1 and such organizations may provide not more than #ej percent of the ,state share of the cost of establishing or enhancing1 and administering1 the per-pupil facilities aid program4 7,e7 ,multiple grants ,a ,state may receive more than #a grant under this subsection1 so long as the amount of such grant funds provided to charter schools increases with each successive grant4 7#c7 ,use of funds 7,a7 ,in general ,a ,state that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state of the applicant4 7,b7 ,evaluations2 technical assistance2 dissemination ,from the amount made available to a ,state through a grant under this subsection for a fiscal year1 the ,state may reserve not more than #e percent to carry out evaluations1 to provide technical assistance1 and to disseminate information4 7,c7 ,supplement1 not supplant ,funds made available under this subsection shall be used to supplement1 and not supplant1 ,state and local public funds expended to provide per-pupil facilities aid programs1 operations financing programs1 or other programs1 for charter schools4 7#d7 ,requirements 7,a7 ,voluntary participation ,no ,state may be required to participate in a program carried out under this subsection4 7,b7 ,state law 7i7 ,in general ,to be eligible to receive a grant under this subsection1 a ,state shall establish or enhance1 and administer1 a per-pupil facilities aid program for charter schools in the ,state1 that-- 7,i7 is specified in ,state law2 and 7,,ii7 provides annual financing1 on a per-pupil basis1 for charter school facilities4 7ii7 ,special rule ,a ,state that is required under ,state law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the ,state agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection4 7#e7 ,applications ,to be eligible to receive a grant under this subsection1 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 #eaje4 ,national activities 7a7 ,in general ,from amounts reserved under section #eajb7;b77#b7 the ,secretary shall use such funds to-- 7#a7 disseminate technical assistance to eligible ,state educational agencies in awarding grants under section #eajc2 7#b7 disseminate best and promising practices regarding charter schools2 7#c7 evaluate the impact of the charter school program carried out under this part on all students in charter and traditional public schools and on local communities and the overall strength and performance of their public schools2 and 7#d7 award grants1 on a competitive basis1 for the purpose of carrying out the activities described in section #eajc7a77;b71 to eligible applicants that desire to open a charter school1 replicate a high-quality charter school1 or expand a high-quality charter school in-- 7,a7 a ,state that did not apply for a grant under section #eajc2 or 7,b7 a ,state that did not receive a grant under section #eajc4 7b7 ,report by the ,secretary ,not later than #f months after the date of enactment of the ,charter ,school ,accountability ,act of #bjae1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the relevant appropriations committees of ,congress1 and to the public via the ,department's website1 a report-- 7#a7 responding to the ,march #i1 #bjaj1 final management information report of the ,office of the ,inspector ,general of the ,department of ,education1 which expressed concern about findings of inadequate oversight by local educational agencies and charter school authorizers to ensure ,federal funds are properly used and accounted for2 7#b7 responding to the ,september #bjab report of the ,office of the ,inspector ,general of the ,department of ,education entitled ,the ,office of ,innovation and ,improvement's ,oversight and ,monitoring of the ,charter ,schools ,program's ,planning and ,implementation ,grants ,final ,audit ,report finding that none of the #c ,states whose charter schools programs that ,office investigated adequately monitored the public charter schools that the ,states funded2 and 7#c7 describing actions the ,department has taken to address the concerns described in such memorandum and final audit report4 4 #d4 ,formula allocation ,section #eajf of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;e71 as redesignated by section #b7f71 is amended by adding at the end the following3 7c7 ,new or significantly expanding charter schools ,for purposes of implementing the hold harmless protections in sections #aabb7;c7 and #aabe;,a7g77#c7 for a newly opened or significantly expanded charter school under subsection 7a71 a ,state educational agency shall calculate a hold harmless base for the prior year that1 as applicable1 reflects the new or significantly expanded enrollment of the charter school4 4 #e4 ,records ,transfer ,section #eajh of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;g71 as redesignated by section #b7f71 is amended by inserting as quickly as possible and before to the extent practicable4 #f4 ,paperwork ,reduction ,section #eaji of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;f71 as redesignated by section #b7f71 is amended by striking authorized public chartering agency shall ensure that implementation of this subpart and inserting charter school authorizer shall ensure that implementation of this part4 #g4 ,definitions2 ,transition2 ,caps2 ,authorization of appropriations ,title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbja et seq47 is further amended by striking sections #eaaj and #eaaa 7#bj ,u4,s4,c4 #gbba;i2 #gbba;j71 as redesignated by section #b7f7 and inserting the following3 #eaaj4 ,definitions 7#a7 ,charter school ,the term charter school means a public school that-- 7,a7 is afforded autonomy to test innovative educational approaches1 consistent with the provisions of this ,act1 which local educational agencies consider promising2 7,b7 complies with the data collection1 reporting1 auditing1 and disclosure provisions of this ,act as well as those applicable to other public schools through other ,federal1 ,state1 and local laws1 regulations and policies2 7,c7 admits students on the basis of a lottery1 if more students apply for admission that can be accommodated2 7,d7 in the case of a school that has an affiliated charter school 7such as a school that is part of the same network of schools71 automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and1 for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school1 admits students on the basis of a lottery as described in subparagraph 7,c72 7,e7 complies with the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd71 and part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq472 7,f7 meets all applicable ,federal1 ,state1 and local health and safety requirements2 7,g7 operates in accordance with ,state law2 7,h7 has a written performance contract with a charter school authorizer that includes-- 7i7 a description of how student performance will be measured on the basis of-- 7,i7 ,state assessments that are required of other public schools2 and 7,,ii7 any other assessments that are mutually agreeable to the charter school authorizer and the charter school2 7ii7 a requirement that student academic achievement and growth1 for the students enrolled at the school as a whole and for each of the categories of students described in section #aaaa7;b77#b77;,c77v7 7except 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 student7 will be used as a primary factor in decisions about the renewal or revocation of the charter1 in addition to other criteria1 as appropriate2 7iii7 the student academic achievement and growth and student retention goals1 and1 in the case of a high school1 graduation rate goals for the students enrolled at the school as a whole and for each of the categories of students described in section #aaaa7;b77#b77;,c77v7 7except 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 student71 and any other goals to be achieved by the end of the contract period2 and 7iv7 the obligations and responsibilities of the charter school and the charter school authorizer2 7,i7 does not charge tuition2 7,j7 is nonsectarian in its programs1 admissions policies1 employment practices1 and all other operations1 and is not affiliated with a sectarian school or religious institution2 7,k7 is created by a developer as a public school1 or is adapted by a developer from an existing public school1 and is operated under public supervision and direction2 7,l7 operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by the charter school authorizer2 7,m7 provides #a or more programs of elementary education1 secondary education1 or both1 including early childhood education1 and may also provide adult education1 in accordance with ,state law2 and 7,n7 is governed by a separate and independent board that exercises authority over #a or more schools1 including authority in the areas of governance1 personnel1 budget1 schedule1 and instructional program4 7#b7 ,charter management organization ,the term charter management organization means a nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources4 7#c7 ,charter school authorizer ,the term charter school authorizer means a local educational agency or other public entity that has authority pursuant to ,state law and has been approved by the ,secretary to authorize and approve a charter school1 and that shall-- 7,a7 develop and update regularly a districtwide multi-year school plan2 7,b7 monitor and assist charter schools in complying with applicable requirements1 including data collection and public disclosure requirements and participation in the development of the districtwide multi-year school plan2 7,c7 establish criteria and processes that the charter school authorizer will use in monitoring the performance of each charter school authorized by the charter school authorizer1 including interventions and any actions leading up to the revocation of a school's charter if the charter school authorizer finds that such a revocation is necessary to protect the public interest2 7,d7 review the application and hold meaningful public hearings to gather input from the public and parents on applications to establish a charter school or convert another school to a public charter school2 7,e7 provide a statement on the impact of the charter school within the local educational agency2 and 7,f7 in the case of a ,state with a cap on the number of public charter schools in the ,state-- 7i7 review and render a decision within #abj days of receipt of the application for a charter school 7whether a new school or a conversion72 and 7ii7 submit to the ,state educational agency the charter school authorizer's recommendation regarding approval of charter school applicants1 in order to allow the ,state educational agency to conduct an expedited review to determine if the approval described in clause 7i7 will violate the cap on the number of public charter schools in operation in the ,state4 7#d7 ,developer ,the term developer means an individual or group of individuals 7including a public or private nonprofit organization71 which may include teachers1 administrators and other school staff1 parents1 or other members of the local community in which a charter school project will be carried out4 7#e7 ,districtwide multi-year school plan ,the term districtwide multi-year school plan means a plan that-- 7,a7 is developed and regularly updated1 with meaningful public input from across the local educational agency2 and 7,b7 takes into consideration projected demographic changes1 criteria for new school openings or closings1 and equitable geographic distribution of schools and students to ensure that all students have access to schools in their communities and a range of specialized programs4 7#f7 ,education management organization ,the term education management organization means a for-profit or nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources4 7#g7 ,eligible applicant ,the term eligible applicant means a developer that has-- 7,a7 applied to a charter school authorizer to operate a charter school2 and 7,b7 provided adequate and timely notice to that charter school authorizer4 7#h7 ,high-quality charter school ,the term high-quality charter school means a charter school that-- 7,a7 shows evidence of strong academic results1 which may include strong student academic growth1 as determined by a ,state2 7,b7 has no significant issues in the areas of student safety1 financial management1 or statutory or regulatory compliance2 7,c7 has demonstrated success in significantly increasing student academic achievement1 including-- 7i7 graduation rates1 where applicable1 for all students served by the charter school2 and 7ii7 graduation rates1 where applicable1 for each of the categories of students described in section #aaaa7;b77#b77;,c77v71 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 student2 7,d7 has demonstrated community involvement during the development and operation of the school2 and 7,e7 has had #c successful consecutive annual audits that have not indicated fiscal difficulties1 as determined by typical accounting standards4 #eaaa4 ,transition arrangements ,no new ,federal grants under this part shall be awarded for a period of one year following the date of enactment of the ,charter ,school ,accountability ,act of #bjae1 at which time the definition of eligible ,state educational agency under this part shall take effect4 #eaab4 ,caps ,in awarding grants under this part1 the ,secretary may neither disadvantage nor advantage eligible ,state educational agency applicants based on whether the ,state-- 7#a7 has a cap on the number of charter schools in the ,state2 or 7#b7 expresses an intention to adopt such ,state charter school caps4 #eaac4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year #bjaf and for each of the #e succeeding fiscal years4 4