,,ii #aaith ,,congress #b;d ,session ,s4 #dcbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #af 7legislative day1 ,april #ad71 #bjbf,mrs4 ,moody 7for herself1 ,mr4 ,budd1 and ,mr4 ,tuberville7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife in order to provide for greater flexibility in the ,federal programs supporting the planning and implementation of charter schools4 #a4 ,short title ,this ,act may be cited as the ,fostering ,learning and ,excellence in ,charter ,schools ,act or the ,,flex ,act4 #b4 ,funding allotment ,section #dcjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;a7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking and after the replication of high-quality charter schools12 and 7,b7 by inserting 1 and the addition or expansion of programs at high-quality charter schools after the expansion of high-quality charter schools2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking #ab4e percent and inserting at least #ae percent2 7,b7 in paragraph 7#b71 by striking #bb4e percent and inserting at least #be percent2 and 7,c7 in paragraph 7#c71 by striking use the remaining and all that follows through paragraphs 7#a7 and 7#b7 and inserting reserve at least #cj percent2 and 7#c7 by adding at the end the following3 7d7 ,remaining amounts ,in the case of a remaining amount after the ,secretary makes reservations of the amount made available under section #dcaa for a fiscal year in accordance with paragraphs 7#a71 7#b71 and 7#c7 of subsection 7b71 the ,secretary-- 7#a7 shall use all of such remaining amount to support charter school facilities assistance under section #dcjd1 carry out national activities under section #dcje1 and carry out section #dcjc1 as described in such paragraphs2 and 7#b7 may determine how to allocate such remaining amount to support or carry out1 as applicable1 the programs and activities described in each such section4 4 #c4 ,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#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 in subparagraph 7,c71 by striking and at the end and inserting or2 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 support the addition or expansion of curricular or other offerings at a high-quality charter school 7provided that such addition or expansion is designed and implemented in a manner that will enable additional students to enroll in and benefit from the school71 such as through the adoption of-- 7i7 new academic programs or delivery models2 7ii7 personalized learning2 or 7iii7 a new curricular approach2 and 2 and 7,b7 in paragraph 7#b71 by inserting 1 including costs to provide such assistance1 after provide technical assistance2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting 1 over the course of the grant period described in subsection 7d77#a77;,a7 after shall2 and 7,b7 in paragraph 7#c71 by adding at the end the following3 7,c7 ,single-sex schools and services ,nothing in this part shall be construed to prohibit schools from providing educational services to students of a single sex4 2 7#c7 in subsection 7d7-- 7,a7 in the heading of such subsection1 by inserting ,advance ,payments2 after ,peer ,review2 2 7,b7 in paragraph 7#a77;,b71 by striking of which and all that follows through program design and inserting of which an eligible applicant may use not more than a period of time determined by the ,state entity 7which may not exceed #b years7 for planning and program design2 7,c7 in paragraph 7#b71 by striking ,the ,secretary1 and each ,state entity awarding subgrants under this section1 shall and inserting ,the ,secretary shall1 and each ,state entity awarding subgrants under this section may12 and 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,advance payments ,notwithstanding any other provision of law1 the ,secretary shall take such steps as are necessary to ensure that-- 7,a7 an eligible applicant awarded a subgrant by a ,state entity under this section may request advance payments of subgrant funds for the purposes described in subsection 7b77#a71 and upon such request1 such ,state entity shall provide advance payments of such funds awarded to the eligible applicant in accordance with section #bjj4cje7;b77#a7 of title #b1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 a ,state entity shall be provided with advance payments of grant funds in accordance with section #bjj4cje7;b77#a7 of title #b1 ,code of ,federal ,regulations 7or successor regulations7 in an amount sufficient to provide advance payments to an eligible applicant under subparagraph 7,a72 and 7,c7 mutually agreed upon funding techniques1 such as those described in part #bje4ab of title #ca1 ,code of ,federal ,regulations 7or successor regulations71 are in place with ,states or ,state entities1 as appropriate1 to receive funds under this section in a manner that permits a ,state entity to receive advance payments of grant funds1 and provide to eligible applicants advance payments of subgrant funds1 in accordance with subparagraphs 7,a7 and 7,b74 2 7#d7 in subsection 7e77#a71 by striking is currently using and inserting has not obligated all funds received pursuant to2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 support the opening1 expansion1 and strengthening of charter schools through the startup of new charter schools1 the replication of high-quality charter schools1 the expansion of high-quality charter schools1 and the addition of programs in high-quality schools1 which shall include an initial projection 7which may not be used to determine a ,state entity's allocation of subgrant funds if the ,state entity determines that an alternative allocation would better meet the purposes of this program7 of-- 7,i7 the number of charter schools to be opened through the startup of new charter schools under the program2 7,,ii7 the number of charter schools to be opened as a result of the replication of a high-quality charter school under the program2 or 7,,iii7 the number of high-quality charter schools to be expanded under the program2 2 7,,ii7 in subclause 7,,ii7 of clause 7vi71 by striking in a manner consistent with the eligible applicant's application for such subgrant2 7,,iii7 in clause 7xi71 by inserting in the case of a ,state entity described in subsection 7a77#a7 or 7a77#c71 before support2 and 7,,iv7 in clause 7xii7-- 7aa7 in subclause 7,i7-- 7,,aa7 by striking 7,i72 and 7,,bb7 by striking not described in subclause 7,,ii7 and inserting described in paragraphs 7#a71 7#b71 or 7#c7 of subsection 7a72 and 7bb7 by striking subclause 7,,ii72 7ii7 in subparagraph 7,b77iii71 by striking to develop or strengthen a cohesive strategy2 7iii7 in subparagraph 7,c7-- 7,i7 in clause 7i77,,vi71 by striking and at the end2 7,,ii7 in clause 7ii71 by inserting and at the end2 and 7,,iii7 by adding at the end the following3 7iii7 a description of whether and how1 in lieu of requiring an application in accordance with clause 7i71 the ,state entity will opt to use an eligible applicant's approved charter authorization application1 provided that such charter authorization application was approved in accordance with relevant ,state law during the year preceding the date on which the ,state entity first accepts applications for such subgrants2 2 7iv7 by striking subparagraph 7,e72 and 7v7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,f71 by striking and at the end2 7ii7 in subparagraph 7,g77v71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,h7 the ,state entity will ensure that each charter school receiving funds under the ,state entity's program will address the transportation needs of their students4 2 7#f7 in subsection 7g77#a7-- 7,a7 by striking subparagraph 7,b72 7,b7 by redesignating subparagraphs 7,c7 through 7,e7 as subparagraphs 7,b7 through 7,d71 respectively2 and 7,c7 in subparagraph 7,b71 as so redesignated1 by striking meet those objectives and2 7#g7 in subsection 7h7-- 7,a7 by amending paragraph 7#a77;,b7 to read as follows3 7,b7 hiring and compensating teachers1 school leaders1 or specialized instructional support personnel4 2 7,b7 in paragraph 7#b7-- 7i7 by inserting academic subscriptions 7including digital and online subscriptions71 after training12 and 7ii7 by inserting curricular support1 after 7including technology712 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,in order to ensure that a school building complies with applicable statutes and regulations1 carrying out necessary renovations1 upgrades1 or facilities repairs1 or acquiring portable classrooms4 2 7,d7 in paragraph 7#d71 by striking one-time1 startup2 7,e7 in paragraph 7#f71 by striking appropriate1 non-sustained2 and 7,f7 by adding at the end the following3 7#g7 ,providing costs associated with operations and management of the charter school facility4 2 and 7#h7 in subsection 7i7-- 7,a7 by striking of the third year2 and 7,b7 by striking 7or at the end of the second year of the grant period if the grant is less than #e years71 and at the end of such grant period4 #d4 ,national activities2 grants to charter management organizations ,section #dcje of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;d7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,from the amount reserved under section #dcjb7;b77#b71 the ,secretary shall-- 7#a7 use not more than #aj percent of such funds to-- 7,a7 provide support and technical assistance to-- 7i7 ,state entities in awarding subgrants under section #dcjc7;b77#a72 and 7ii7 eligible entities and ,states receiving grants under section #dcjd2 7,b7 disseminate best practices regarding charter schools2 7,c7 increase access to facilities 7including funding and financing for facilities7 for charter schools2 7,d7 increase the number of available seats in charter schools through early-stage charter school planning2 7,e7 increase the number of available seats in charter schools that-- 7i7 are located in ,states that have enacted legislation within a period of #e years prior to the award of a grant under this section for such purpose2 7ii7 serve rural students2 and 7iii7 serve students with disabilities2 and 7,f7 evaluate the impact of the charter school program carried out under this part1 including with respect to student achievement2 7#b7 use not more than #ae percent of such funds to award grants1 on a competitive basis1 to eligible applicants for the purpose of carrying out the activities described in section #dcjc7;h7 in a ,state that did not receive a grant under section #dcjc2 and 7#c7 after the uses described in paragraphs 7#a7 and 7#b71 use the remainder of such funds to award grants in accordance with subsection 7b74 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c77;,b7-- 7i7 in clause 7ii7-- 7,i7 in subclause 7,i71 by inserting and at the end2 7,,ii7 in subclause 7,,ii71 by striking and and the end2 and 7,,iii7 by striking subclause 7,,iii72 and 7ii7 in clause 7iii71 by striking 1 which shall include a multi-year financial and operating model for the eligible entity2 and 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,c77ii71 by striking or at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,e7 plan to operate or manage high-quality charter schools in-- 7i7 ,states in which1 as of the date on which the eligible entity submits an application under paragraph 7#c71 the eligible entity does not operate or manage a charter school2 or 7ii7 ,states with limited charter school options4 4 #e4 ,solicitation of input from charter school operators ,section #dcjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;f7 is amended-- 7#a7 by striking ,to the extent practicable1 the ,secretary and inserting ,the ,secretary2 7#b7 by inserting 1 prior to the issuance of a notice of proposed rulemaking1 after are consulted2 and 7#c7 by striking this subpart and inserting this part4 #f4 ,paperwork reduction and regulation ,section #dcji of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;h7 is amended-- 7#a7 in the heading1 by inserting and regulation at the end2 7#b7 by striking ,to the extent practicable1 the and inserting the following3 7a7 ,paperwork reduction ,the 2 7#c7 by striking this subpart and inserting this part2 7#d7 by striking or charter school and inserting 1 charter school1 or ,state entity 7as defined in section #dcjc72 and 7#e7 by adding at the end the following3 7b7 ,regulation ,in meeting the requirement under subsection 7a71 the ,secretary shall promulgate only such regulations as are necessary for the administration of this part and shall not impose additional nonstatutory requirements on those entities subject to the regulations4 4 #g4 ,definitions ,section #dcaj7b77;,d7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;i7#b77;,d77 is amended by inserting 7which may include other educational programs1 pursuant to ,state law7 after education4 #h4 ,applicability 7a7 ,in general ,this ,act and the amendments made by this ,act shall apply with respect to grants awarded under sections #dcjc and #dcje of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;b2 #gbba;d7 on or after the date of the enactment of this ,act4 7b7 ,exception ,an entity that received a grant under a section described in subsection 7a7 prior to the date of the enactment of this ,act for which the applicable grant period has not expired may elect to1 for the remainder of such grant period1 carry out such grant in accordance with this ,act and the amendments made by this ,act4