II 

117TH CONGRESS 

2D SESSION S. 5318 

To support the creation and implementation of State policies, as well as 

the expansion of existing State policies, for improving the quality and 

affordability of charter school facilities. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2022 

Mr. CASSIDY (for himself and Mr. BENNET) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To support the creation and implementation of State policies, 

as well as the expansion of existing State policies, for 

improving the quality and affordability of charter school 

facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equitable Access to 

5 School Facilities Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to authorize support for 

8 the creation and implementation of State policies, as well 


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1 as the expansion of existing State policies, to improve the 

2 quality and affordability of charter school facilities, includ3 ing by providing funding and financing for those facilities 

4 and expanding charter schools’ free access to public build5 ings. 

6 SEC. 3. FUNDING. 

7 (a) ALLOTMENT.—Section 4302(b)(1) of the Elemen8 tary and Secondary Education Act of 1965 (20 U.S.C. 

9 7221a(b)(1)) is amended by inserting ‘‘not more than’’ be10 fore ‘‘12.5 percent’’. 

11 (b) FACILITIES FINANCING ASSISTANCE.—Section 

12 4304(a)(1) of the Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 7221c(a)(1)) is amended by strik14 ing ‘‘use not less than 50 percent to’’. 

15 SEC. 4. STATE FACILITIES AID PROGRAM AUTHORIZED. 

16 Section 4304 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 7221c) is amended by strik18 ing subsection (k) and inserting the following: 

19 ‘‘(k) STATE FACILITIES AID PROGRAM.— 

20 ‘‘(1) STATE ENTITY DEFINED.—In this sub21 section, the term ‘State entity’ has the meaning 

22 given the term in section 4303(a). 

23 ‘‘(2) GRANTS TO STATE ENTITIES.— 

24 ‘‘(A) GRANTS AUTHORIZED.—From the 

25 amounts appropriated under paragraph (4) and 


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1 not reserved under paragraph (3), the Secretary 

2 shall make competitive grants to State entities 

3 to pay for the cost of establishing or enhancing, 

4 and administering, charter school facilities aid 

5 programs. 

6 ‘‘(B) APPLICATION.—A State entity desir7 ing to receive a grant under this subsection 

8 shall submit an application to the Secretary at 

9 such time, in such manner, and containing such 

10 information as the Secretary may require. 

11 ‘‘(C) SELECTION CONSIDERATIONS.—In 

12 making grants under this subsection, the Sec13 retary shall consider, based on quantitative 

14 measures, the extent to which the activities pro15 posed to be carried out under a grant will— 

16 ‘‘(i) improve the equity of charter 

17 schools’ access to facilities funding and fi18 nancing with a State, by reducing gaps in 

19 such funding (for both acquisitions and op20 erating costs) between charter schools and 

21 other public schools; 

22 ‘‘(ii) increase charter schools’ access 

23 to public buildings; and 


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1 ‘‘(iii) increase the access of charter 

2 schools in low-income and rural commu3 nities to adequate facilities. 

4 ‘‘(D) PRIORITIES.—In making grants 

5 under this subsection, the Secretary shall give 

6 a competitive preference priority to an applicant 

7 located in a State that— 

8 ‘‘(i) qualifies for a priority under sub9 paragraph (A) or (C) of section 

10 4303(g)(2); 

11 ‘‘(ii) provides charter schools with ac12 cess to tax-exempt financing; 

13 ‘‘(iii) ensures that land-use policies 

14 within the State, such as policies regarding 

15 permits and fees, provide for the same or 

16 substantially similar treatment of charter 

17 schools as of other public schools; 

18 ‘‘(iv) prohibits localities and other in19 strumentalities of the State from imposing 

20 negative deed restrictions on properties 

21 that limit charter school access, including 

22 prohibitions on charter schools purchasing 

23 surplus public property; or 


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1 ‘‘(v) ensures that charter schools have 

2 the first right of refusal to purchase sur3 plus public property. 

4 ‘‘(E) USES OF FUNDS.—A State entity re5 ceiving a grant under this subsection shall use 

6 such grant to carry out one or more of the fol7 lowing activities in the applicant’s State: 

8 ‘‘(i) Increasing funding for, or cre9 ating financing mechanisms to support, 

10 charter schools’ acquisition, access to leas11 ing, and renovation of facilities, which may 

12 include partnerships with local educational 

13 agencies that provide access to public 

14 buildings. 

15 ‘‘(ii) Increasing funding for, or cre16 ating funding mechanisms to support, 

17 charter schools’ ongoing facilities costs. 

18 ‘‘(iii) Supporting the creation of own19 ership models, such as local education 

20 property trusts through which municipali21 ties set up independent public or nonprofit 

22 entities to plan, develop, and manage fa23 cilities for charter schools and other public 

24 service providers. 


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1 ‘‘(iv) Through a reserve fund, car2 rying out the activities described in sub3 section (f). 

4 ‘‘(F) SUPPLEMENT, NOT SUPPLANT.—A 

5 State entity receiving a grant under this sub6 section shall use such grant only to supplement, 

7 and not supplant, non-Federal funds that would 

8 otherwise be used for activities authorized 

9 under this subsection. 

10 ‘‘(3) NATIONAL ACTIVITIES.—From the 

11 amounts appropriated under paragraph (4), the Sec12 retary may reserve not more than 2 percent to carry 

13 out, directly or through grants or contracts, tech14 nical assistance to grantees, evaluation of grant ac15 tivities, and research and dissemination related to 

16 the purposes of this subsection. 

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to carry out 

19 this subsection $100,000,000 for each of the fiscal 

20 years 2024 through 2028.’’. 

21 SEC. 5. CONFORMING AMENDMENT. 

22 Section 4311 of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 7221j) is amended by inVerDate Sep 11 2014 00:44 Jan 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5318.IS S5318

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1 serting ‘‘(with the exception of section 4304(k))’’ after 

2 ‘‘this part’’. 

Æ 


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