I 

118TH CONGRESS 

2D SESSION H. R. 9853 

To amend the Elementary and Secondary Education Act of 1965 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, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2024 

Mrs. STEEL introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 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, and for other purposes. 

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— 


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1 (1) to support the creation and implementation 

2 of State policies, as well as the expansion of existing 

3 State policies, to improve the quality and afford4 ability of charter school facilities, including by pro5 viding funding and financing for those facilities and 

6 expanding charter schools’ access to public buildings; 

7 and 

8 (2) to make other improvements to the Federal 

9 Charter Schools Program. 

10 SEC. 3. AMENDMENTS TO STATE FACILITIES AID PROGRAM. 

11 Section 4304(k) of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 7221c(k)) is amended 

13 to read as follows: 

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

15 ‘‘(1) STATE ENTITY DEFINED.—In this sub16 section, the term ‘State entity’ has the meaning 

17 given the term in section 4303(a). 

18 ‘‘(2) GRANTS TO STATE ENTITIES.— 

19 ‘‘(A) GRANTS AUTHORIZED.—From the 

20 amount reserved under section 4302(b)(1) and 

21 remaining after the Secretary makes grants 

22 under subsection (a) and reserves funds under 

23 paragraph (3) of this subsection, the Secretary 

24 shall make grants, on a competitive basis, to 

25 State entities to pay for the cost of establishing 


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1 or enhancing, and administering, charter school 

2 facilities aid programs. 

3 ‘‘(B) APPLICATION.—A State entity desir4 ing to receive a grant under this subsection 

5 shall submit an application to the Secretary at 

6 such time, and in such manner, as the Sec7 retary may require, and containing the informa8 tion needed for the considerations and priorities 

9 described in subparagraphs (C) and (D). 

10 ‘‘(C) SELECTION CONSIDERATIONS.—In 

11 making grants under this subsection, the Sec12 retary shall consider the extent to which the ac13 tivities proposed to be carried out under a grant 

14 will— 

15 ‘‘(i) increase charter schools’ access to 

16 State funds or financing for acquiring or 

17 operating facilities, including by reducing 

18 the gaps to such access between charter 

19 schools and other public schools in the 

20 same State; 

21 ‘‘(ii) increase charter schools’ access 

22 to public buildings; and 

23 ‘‘(iii) increase the access of charter 

24 schools in low-income and rural commu25 nities to adequate facilities. 


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1 ‘‘(D) PRIORITIES.—In making grants 

2 under this subsection, the Secretary shall give 

3 a competitive preference priority to a State en4 tity located in a State that— 

5 ‘‘(i) qualifies for a priority under sub6 paragraph (A) or (C) of section 

7 4303(g)(2); 

8 ‘‘(ii) provides charter schools with ac9 cess to tax-exempt financing; 

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

11 within the State, such as policies regarding 

12 permits and fees, provide for the same or 

13 substantially similar treatment of charter 

14 schools as of other public schools; or 

15 ‘‘(iv) prohibits localities and other in16 strumentalities of the State from imposing 

17 negative deed restrictions on properties 

18 that limit charter school access, including 

19 prohibitions or restrictions on charter 

20 schools purchasing surplus public property. 

21 ‘‘(E) USES OF FUNDS.—A State entity re22 ceiving a grant under this subsection shall use 

23 such grant to carry out one or more of the fol24 lowing activities in the State in which the State 

25 entity is located: 


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1 ‘‘(i) Increasing funding for, or cre2 ating financing mechanisms to support, 

3 charter schools’ acquisition, access to leas4 ing, and renovation of facilities, which may 

5 include partnerships with local educational 

6 agencies that provide access to public 

7 buildings. 

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

10 charter schools’ ongoing facilities costs. 

11 ‘‘(iii) Supporting the creation of alter12 nate ownership models to plan, develop, 

13 and manage facilities for charter schools 

14 and other public service providers. 

15 ‘‘(iv)(I) In the case of a State entity 

16 that is not receiving a grant under sub17 section (a), establishing and maintaining a 

18 reserve account described in subsection (f) 

19 and depositing all, or a portion of, the 

20 grant funds received under this subsection 

21 in such reserve account for one or more of 

22 the purposes described subsection (f)(1). 

23 ‘‘(II) In the case of a State entity 

24 that is receiving a grant under subsection 

25 (a), depositing all, or a portion of, the 


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1 grant funds received under this subsection 

2 in the reserve account established and 

3 maintained by the State entity under sub4 section (f). 

5 ‘‘(F) SUPPLEMENT, NOT SUPPLANT.—A 

6 State entity receiving a grant under this sub7 section shall use such grant only to supplement, 

8 and not supplant, non-Federal funds that would 

9 otherwise be used for activities authorized 

10 under this subsection. 

11 ‘‘(3) NATIONAL ACTIVITIES.—From the amount 

12 reserved under section 4302(b)(1) and remaining 

13 after the Secretary makes grants under subsection 

14 (a), the Secretary may reserve not more than 2 per15 cent to carry out, directly or through grants or con16 tracts, technical assistance to State entities receiving 

17 grants under this subsection, evaluation of grant ac18 tivities, and research and dissemination related to 

19 the purposes of this subsection.’’. 

20 SEC. 4. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

21 SCHOOLS. 

22 (a) LIMITATIONS ON PROVISION OF GRANTS TO A

23 STATE.—Section 4303(e)(1) of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 7221b(e)(1)) 


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1 is amended by striking ‘‘is currently using’’ and inserting 

2 ‘‘has not fully obligated all funds received through’’. 

3 (b) AWARDING OF SUBGRANTS.—Section 

4 4303(f)(1)(A)(i) of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7221b(f)(1)(A)(i)) is 

6 amended— 

7 (1) by striking ‘‘the proposed number’’ and in8 serting ‘‘an initial projection of the number’’; and 

9 (2) by inserting ‘‘, provided that such initial 

10 projection shall not govern a State entity’s allocation 

11 of subgrant funds if the State entity determines, 

12 after selecting subgrantees, that an alternative allo13 cation would better meet the purposes of the pro14 gram’’ after ‘‘the State entity’s program’’. 

15 (c) USES OF FUNDS.—Section 4303(h)(1)(B) of the 

16 Elementary and Secondary Education Act of 1965 (20 

17 U.S.C. 7221b(h)(1)(B)) is amended by inserting ‘‘or ini18 tial implementation’’ after ‘‘planning’’. 

19 (d) NO-COST EXTENSIONS OF GRANT PROJECT PE20 RIODS.—Section 4303 of the Elementary and Secondary 

21 Education Act of 1965 (20 U.S.C. 7221b) is amended by 

22 adding at the end the following: 

23 ‘‘(j) EXTENSION OF PROJECT PERIODS.—In making 

24 grants under this section and under section 4305(b), the 

25 Secretary shall approve requests by a grantee to extend 


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1 its project period if the grantee can present evidence that 

2 additional time is needed for project activities because of 

3 factors out of the grantee’s control.’’. 

Æ 


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