,,ii #aaith ,,congress #ast ,session ,s4 #agbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjbe ,mr4 ,cassidy 7for himself and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to support the creation and implementation of ,state policies1 as well as the expansion of existing ,state policies1 for improving the quality and affordability of charter school facilities and to authorize the provision of technical assistance that will support the growth and expansion of high-quality charter schools4 #a4 ,short title ,this ,act may be cited as the ,equitable ,access to ,school ,facilities ,act4 #b4 ,purpose ,the purpose of this ,act is to support the creation and implementation of ,state policies1 as well as the expansion of existing ,state policies1 to-- 7#a7 improve the quality and affordability of charter school facilities1 including by providing funding and financing for those facilities and expanding charter schools' access to public buildings2 and 7#b7 authorize the provision of technical assistance that will support the growth and expansion of high-quality charter schools4 #c4 ,funding 7a7 ,allotment ,section #dcjb7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;a7b77#a77 is amended by inserting not more than before #ab4e percent4 7b7 ,facilities financing assistance ,section #dcjd7;a77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;c7a77#a77 is amended by striking use not less than #ej percent to4 #d4 ,state facilities aid program authorized ,section #dcjd of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;c7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,state facilities aid program 7#a7 ,state entity defined ,in this subsection1 the term ,state entity has the meaning given the term in section #dcjc7;a74 7#b7 ,grants to state entities 7,a7 ,grants authorized ,from the amounts appropriated under paragraph 7#e7 and not reserved under paragraph 7#c71 the ,secretary shall make competitive grants to ,state entities to pay for the cost of establishing or enhancing1 and administering1 charter school facilities aid programs4 7,b7 ,application ,a ,state entity desiring to receive a grant under this subsection shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7,c7 ,selection considerations ,in making grants under this subsection1 the ,secretary shall consider1 based on quantitative measures1 the extent to which the activities proposed to be carried out under a grant will-- 7i7 improve the equity of charter schools' access to facilities funding and financing within a ,state1 by reducing gaps in such funding and financing 7for both acquisitions and operating costs7 between charter schools and other public schools2 7ii7 increase charter schools' access to public buildings2 and 7iii7 increase the access of charter schools in low-income and rural communities to adequate facilities4 7,d7 ,priorities ,in making grants under this subsection1 the ,secretary shall give a competitive preference priority to an applicant located in a ,state that-- 7i7 qualifies for a priority under subparagraph 7,a7 or 7,c7 of section #dcjc7;g77#b72 7ii7 provides charter schools with access to tax-exempt financing2 7iii7 ensures that land-use policies within the ,state1 such as policies regarding permits and fees1 provide for the same or substantially similar treatment of charter schools as other public schools2 7iv7 prohibits localities and other instrumentalities of the ,state from imposing negative deed restrictions on properties that limit charter school access1 including prohibitions or restrictions on charter schools purchasing surplus public property2 or 7v7 ensures that charter schools have the first right of refusal to purchase surplus public property4 7,e7 ,uses of funds ,a ,state entity receiving a grant under this subsection shall use such grant to carry out one or more of the following activities in the applicant's ,state3 7i7 ,increasing funding for1 creating1 or improving financing mechanisms to support charter schools' acquisition1 access to leasing1 and construction or renovation of facilities1 which may include partnerships with local educational agencies that provide access to public buildings4 7ii7 ,increasing funding for1 or creating funding mechanisms to support1 charter schools' ongoing facilities costs4 7iii7 ,supporting the creation of alternative ownership models1 to plan1 develop1 and manage facilities for charter schools and other public service providers4 7iv7 7,i7 ,in the case of a ,state entity that is not receiving a grant under subsection 7a71 establishing and maintaining a reserve account described in subsection 7f7 and depositing all1 or a portion of1 the grant funds received under this subsection in such reserve account for one or more of the purposes described subsection 7f77#a74 7,,ii7 ,in the case of a ,state entity that is receiving a grant under subsection 7a71 depositing all1 or a portion of1 the grant funds received under this subsection in the reserve account established and maintained by the ,state entity under subsection 7f74 7,f7 ,supplement1 not supplant ,a ,state entity receiving a grant under this subsection shall use such grant only to supplement1 and not supplant1 non-,federal funds that would otherwise be used for activities authorized under this subsection4 7#c7 ,national activities ,from the amounts appropriated under paragraph 7#e71 the ,secretary may reserve not more than #b percent to carry out1 directly or through grants or contracts1 technical assistance to grantees1 evaluation of grant activities1 and research and dissemination related to the purposes of this subsection4 4 7#d7 ,no ,federal interest ,the financial assistance provided through grants made under this subsection shall not create a ,federal interest as such term is defined in section #bjj4a of title #b1 ,code of ,federal ,regulations 7or successor regulations74 4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #ajj1jjj1jjj for each of fiscal years #bjbf through #bjcj4 4 #e4 ,credit enhancement for charter school facilities program ,section #dcjd7;h77#b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;c7h77#b77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,grantee annual reports ,each eligible entity receiving a grant under subsection 7a7 before the date of enactment of the ,equitable ,access to ,school ,facilities ,act shall submit to the ,secretary 7for a period of #aj years after the award of such grant7 an annual report of the entity's operations and activities under this section 7excluding subsection 7k774 2 and #f4 ,grants to support high-quality charter schools ,section #dcjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;b7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c71 by striking and after the semicolon2 7,b7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 provide assistance in locating and accessing a facility or provide one-time assistance to any planned or operating charter schools in the ,state in ensuring that a facility complies with local building codes and is equipped to support provision of a high-quality education4 2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a71 striking #ij percent and inserting #hj percent2 7,b7 by striking and after subparagraph 7,b72 7,c7 by striking the period at the end of subparagraph 7,c7 and inserting 2 and2 and 7,d7 by inserting after subparagraph 7,c73 7,d7 reserve not more than #aj percent of such funds for the establishment of a revolving loan fund1 which may be used to make loans1 under such terms as may be established by the ,state entity1 to-- 7i7 eligible applicants that have received a subgrant under this section1 for the initial operation 7during the subgrantee's project period7 of the applicant's charter school or schools2 and 7ii7 eligible applicants for obtaining1 renovating1 or rehabilitating facilities for planned or operating charter schools in the ,state4 2 and 7#c7 by striking paragraph 7#c7 of subsection 7h7 and inserting3 7#c7 ,carrying out repair1 renovation1 or construction activity to ensure that a school building complies with applicable statutes and regulations and is equipped to support provision of a high-quality education4 4 #g4 ,national programs ,section #dcje7;a77#c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;d7a77#c77 is amended-- 7#a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking disseminate and inserting provide support and2 7#b7 in subparagraph 7,b71 by inserting identify and before disseminate2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting the following after subparagraph 7,b73 7,c7 support activities related to-- 7i7 charter schools' access to facilities1 and facilities funding and financing2 7ii7 charter school authorizer quality and oversight2 7iii7 supporting ,states that have enacted legislation 7within a period of #e years prior to the award of a grant under this section7 for such purpose to facilitate the authorization of charter schools within such ,states2 and 7iv7 identifying best practices that support1 or remove barriers to1 early-stage charter school planning1 charter schools serving rural students1 charter schools serving students with disabilities1 and innovative models4 4