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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9853 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equitable Access to School 
Facilities Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is--
            (1) to support the creation and implementation of State 
        policies, as well as the expansion of existing State policies, 
        to improve the quality and affordability of charter school 
        facilities, including by providing funding and financing for 
        those facilities and expanding charter schools' access to 
        public buildings; and
            (2) to make other improvements to the Federal Charter 
        Schools Program.

SEC. 3. AMENDMENTS TO STATE FACILITIES AID PROGRAM.

    Section 4304(k) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221c(k)) is amended to read as follows:
    ``(k) State Facilities Aid Program.--
            ``(1) State entity defined.--In this subsection, the term 
        `State entity' has the meaning given the term in section 
        4303(a).
            ``(2) Grants to state entities.--
                    ``(A) Grants authorized.--From the amount reserved 
                under section 4302(b)(1) and remaining after the 
                Secretary makes grants under subsection (a) and 
                reserves funds under paragraph (3) of this subsection, 
                the Secretary shall make grants, on a competitive 
                basis, to State entities to pay for the cost of 
                establishing or enhancing, and administering, charter 
                school facilities aid programs.
                    ``(B) Application.--A State entity desiring to 
                receive a grant under this subsection shall submit an 
                application to the Secretary at such time, and in such 
                manner, as the Secretary may require, and containing 
                the information needed for the considerations and 
                priorities described in subparagraphs (C) and (D).
                    ``(C) Selection considerations.--In making grants 
                under this subsection, the Secretary shall consider the 
                extent to which the activities proposed to be carried 
                out under a grant will--
                            ``(i) increase charter schools' access to 
                        State funds or financing for acquiring or 
                        operating facilities, including by reducing the 
                        gaps to such access between charter schools and 
                        other public schools in the same State;
                            ``(ii) increase charter schools' access to 
                        public buildings; and
                            ``(iii) increase the access of charter 
                        schools in low-income and rural communities to 
                        adequate facilities.
                    ``(D) Priorities.--In making grants under this 
                subsection, the Secretary shall give a competitive 
                preference priority to a State entity located in a 
                State that--
                            ``(i) qualifies for a priority under 
                        subparagraph (A) or (C) of section 4303(g)(2);
                            ``(ii) provides charter schools with access 
                        to tax-exempt financing;
                            ``(iii) ensures that land-use policies 
                        within the State, such as policies regarding 
                        permits and fees, provide for the same or 
                        substantially similar treatment of charter 
                        schools as of other public schools; or
                            ``(iv) prohibits localities and other 
                        instrumentalities of the State from imposing 
                        negative deed restrictions on properties that 
                        limit charter school access, including 
                        prohibitions or restrictions on charter schools 
                        purchasing surplus public property.
                    ``(E) 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 State in which the State entity is located:
                            ``(i) Increasing funding for, or creating 
                        financing mechanisms to support, charter 
                        schools' acquisition, access to leasing, and 
                        renovation of facilities, which may include 
                        partnerships with local educational agencies 
                        that provide access to public buildings.
                            ``(ii) Increasing funding for, or creating 
                        funding mechanisms to support, charter schools' 
                        ongoing facilities costs.
                            ``(iii) Supporting the creation of 
                        alternate ownership models to plan, develop, 
                        and manage facilities for charter schools and 
                        other public service providers.
                            ``(iv)(I) In the case of a State entity 
                        that is not receiving a grant under subsection 
                        (a), establishing and maintaining a reserve 
                        account described in subsection (f) and 
                        depositing all, or a portion of, the grant 
                        funds received under this subsection in such 
                        reserve account for one or more of the purposes 
                        described subsection (f)(1).
                            ``(II) In the case of a State entity that 
                        is receiving a grant under subsection (a), 
                        depositing all, or a portion of, the grant 
                        funds received under this subsection in the 
                        reserve account established and maintained by 
                        the State entity under subsection (f).
                    ``(F) Supplement, not supplant.--A State entity 
                receiving a grant under this subsection shall use such 
                grant only to supplement, and not supplant, non-Federal 
                funds that would otherwise be used for activities 
                authorized under this subsection.
            ``(3) National activities.--From the amount reserved under 
        section 4302(b)(1) and remaining after the Secretary makes 
        grants under subsection (a), the Secretary may reserve not more 
        than 2 percent to carry out, directly or through grants or 
        contracts, technical assistance to State entities receiving 
        grants under this subsection, evaluation of grant activities, 
        and research and dissemination related to the purposes of this 
        subsection.''.

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

    (a) Limitations on Provision of Grants to a State.--Section 
4303(e)(1) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7221b(e)(1)) is amended by striking ``is currently using'' and 
inserting ``has not fully obligated all funds received through''.
    (b) Awarding of Subgrants.--Section 4303(f)(1)(A)(i) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7221b(f)(1)(A)(i)) is amended--
            (1) by striking ``the proposed number'' and inserting ``an 
        initial projection of the number''; and
            (2) by inserting ``, provided that such initial projection 
        shall not govern a State entity's allocation of subgrant funds 
        if the State entity determines, after selecting subgrantees, 
        that an alternative allocation would better meet the purposes 
        of the program'' after ``the State entity's program''.
    (c) Uses of Funds.--Section 4303(h)(1)(B) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7221b(h)(1)(B)) is amended 
by inserting ``or initial implementation'' after ``planning''.
    (d) No-Cost Extensions of Grant Project Periods.--Section 4303 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is 
amended by adding at the end the following:
    ``(j) Extension of Project Periods.--In making grants under this 
section and under section 4305(b), the Secretary shall approve requests 
by a grantee to extend its project period if the grantee can present 
evidence that additional time is needed for project activities because 
of factors out of the grantee's control.''.
                                 <all>
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