II 

113TH CONGRESS 

1ST SESSION S. 1083 

To provide high-quality public charter school options for students by enabling 

such public charter schools to expand and replicate. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Mr. DURBIN (for himself and Mr. KIRK) introduced the following bill; which 

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

Labor, and Pensions 

A BILL 

To provide high-quality public charter school options for students by enabling such public charter schools to expand 

and replicate. 

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 ‘‘All Students Achieving 

5 through Reform Act of 2013’’ or ‘‘All-STAR Act of 2013’’. 

6 SEC. 2. CHARTER SCHOOL EXPANSION AND REPLICATION. 

7 (a) IN GENERAL.—Subpart 1 of part B of title V of 

8 the Elementary and Secondary Education Act of 1965 (20 

9 U.S.C. 7221 et seq.) is amended— 


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1 (1) by striking section 5211; 

2 (2) by redesignating section 5210 as section 

3 5211; and 

4 (3) by inserting after section 5209 the fol5 lowing: 

6 ‘‘SEC. 5210. CHARTER SCHOOL EXPANSION AND REPLICA7 TION. 

8 ‘‘(a) PURPOSE.—It is the purpose of this section to 

9 support State efforts to expand and replicate high-quality 

10 public charter schools to enable such schools to serve addi11 tional students, with a priority to serve those students who 

12 attend identified schools or schools with a low graduation 

13 rate. 

14 ‘‘(b) SUPPORT FOR PROVEN CHARTER SCHOOLS AND

15 INCREASING THE SUPPLY OF HIGH-QUALITY CHARTER

16 SCHOOLS.— 

17 ‘‘(1) GRANTS AUTHORIZED.—From the 

18 amounts appropriated under section 5200 for any 

19 fiscal year, the Secretary shall award grants, on a 

20 competitive basis, to eligible entities to enable the el21 igible entities to make subgrants to eligible public 

22 charter schools under subsection (e)(1) and carry 

23 out the other activities described in subsection (e), 

24 in order to allow the eligible public charter schools 


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1 to serve additional students through the expansion 

2 and replication of such schools. 

3 ‘‘(2) AMOUNT OF GRANTS.—In determining the 

4 grant amount to be awarded under this subsection 

5 to an eligible entity, the Secretary shall consider— 

6 ‘‘(A) the number of eligible public charter 

7 schools under the jurisdiction or in the service 

8 area of the eligible entity that are operating; 

9 ‘‘(B) the number of new openings for stu10 dents that could be created in such schools with 

11 such grant; 

12 ‘‘(C) the number of students attending 

13 identified schools or schools with a low gradua14 tion rate in the State or area where an eligible 

15 entity intends to replicate or expand eligible 

16 public charter schools; and 

17 ‘‘(D) the success of the eligible entity in 

18 overseeing public charter schools and the likeli19 hood of continued or increased success because 

20 of the grant under this section. 

21 ‘‘(3) DURATION OF GRANTS.— 

22 ‘‘(A) IN GENERAL.—A grant under this 

23 section shall be for a period of not more than 

24 3 years, except that— 


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1 ‘‘(i) an eligible entity receiving such 

2 grant may, at the discretion of the Sec3 retary, continue to expend grant funds 

4 after the end of the grant period; and 

5 ‘‘(ii) the Secretary may renew such 

6 grant for 1 additional 2-year period, if the 

7 Secretary determines that the eligible enti8 ty is meeting the goals of the grant. 

9 ‘‘(B) SUBSEQUENT GRANTS.—An eligible 

10 entity that has received a grant under this sec11 tion may receive subsequent grants under this 

12 section. 

13 ‘‘(c) APPLICATION REQUIREMENTS.— 

14 ‘‘(1) APPLICATION REQUIREMENTS.—To be 

15 considered for a grant under this section, an eligible 

16 entity shall submit an application to the Secretary at 

17 such time, in such manner, and containing such in18 formation as the Secretary may require. 

19 ‘‘(2) CONTENTS.—The application described in 

20 paragraph (1) shall include, at a minimum, the fol21 lowing: 

22 ‘‘(A) RECORD OF SUCCESS.—Documenta23 tion of the record of success of the eligible enti24 ty in overseeing or operating public charter 

25 schools, including— 


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1 ‘‘(i) the performance of the students 

2 of such public charter schools on the stu3 dent academic assessments described in 

4 section 1111(b)(3) of the State where such 

5 school is located (including a measurement 

6 of the students’ average academic longitu7 dinal growth at each such school, if such 

8 measurement is required by a Federal or 

9 State law applicable to the entity), 

10 disaggregated by— 

11 ‘‘(I) economic disadvantage; 

12 ‘‘(II) race and ethnicity; 

13 ‘‘(III) disability status; and 

14 ‘‘(IV) status as a student with 

15 limited English proficiency; 

16 ‘‘(ii)(I) the status of such schools in 

17 making adequate yearly progress, as de18 fined in a State’s plan in accordance with 

19 section 1111(b)(2)(C) or, in the case of 

20 schools for which the Secretary has waived 

21 the applicability of such section pursuant 

22 to the authority under section 9401, the 

23 status of such schools under the account24 ability standards authorized by such waiv25 er; and 


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1 ‘‘(II) the status of such schools as 

2 identified schools; 

3 ‘‘(iii) documentation of demonstrated 

4 success by such public charter schools in 

5 closing historic achievement gaps between 

6 groups of students; and 

7 ‘‘(iv) in the case of such public char8 ter schools that are secondary schools— 

9 ‘‘(I) the number of students en10 rolled in dual enrollment, Advanced 

11 Placement, International Bacca12 laureate, or other college level courses; 

13 ‘‘(II) the number of students 

14 earning a professional certificate or li15 cense through the school; 

16 ‘‘(III) student graduation rates; 

17 and 

18 ‘‘(IV) rates of student accept19 ance, enrollment, and persistence in 

20 institutions of higher education, where 

21 possible. 

22 ‘‘(B) PLAN.—A plan for— 

23 ‘‘(i) replicating and expanding eligible 

24 public charter schools operated or overseen 

25 by the eligible entity; 


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1 ‘‘(ii) identifying eligible public charter 

2 schools, or networks of eligible public char3 ter schools, to receive subgrants under this 

4 section; 

5 ‘‘(iii) increasing the number of open6 ings in eligible public charter schools for 

7 students attending identified schools and 

8 schools with a low graduation rate; 

9 ‘‘(iv) ensuring that eligible public 

10 charter schools receiving a subgrant under 

11 this section enroll students through a ran12 dom lottery for admission, unless the char13 ter school is using the subgrant to expand 

14 the school to serve additional grades, in 

15 which case such school may reserve seats 

16 in the additional grades for— 

17 ‘‘(I) each student enrolled in the 

18 grade preceding each such additional 

19 grade; 

20 ‘‘(II) siblings of students enrolled 

21 in the charter school, if such siblings 

22 desire to enroll in such grade; and 

23 ‘‘(III) children of the charter 

24 school’s founders, staff, or employees; 


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1 ‘‘(v)(I) in the case of an eligible entity 

2 described in subparagraph (A) or (C) of 

3 subsection (k)(4), the manner in which the 

4 eligible entity will work with identified 

5 schools and schools with a low graduation 

6 rate that are eligible to enroll students in 

7 a public charter school receiving a 

8 subgrant under this section and that are 

9 under the eligible entity’s jurisdiction, and 

10 the local educational agencies serving such 

11 schools (as applicable), to— 

12 ‘‘(aa) engage in community out13 reach, provide information in a lan14 guage that the parents can under15 stand, and communicate with parents 

16 of students at identified schools and 

17 schools with a low graduation rate 

18 who are eligible to attend a public 

19 charter school receiving a subgrant 

20 under this section about the oppor21 tunity to enroll in or transfer to such 

22 school, in a manner consistent with 

23 section 444 of the General Education 

24 Provisions Act (commonly known as 


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1 the ‘Family Educational Rights and 

2 Privacy Act of 1974’); and 

3 ‘‘(bb) ensure that a student can 

4 transfer to an eligible public charter 

5 school if the public charter school 

6 such student was attending in the 

7 previous school year is no longer an 

8 eligible public charter school; and 

9 ‘‘(II) in the case of an eligible entity 

10 described in subparagraph (B) or (D) of 

11 subsection (k)(4), the manner in which the 

12 eligible entity will work with the local edu13 cational agency to carry out the activities 

14 described in items (aa) and (bb) of sub15 clause (I); 

16 ‘‘(vi) disseminating to public schools 

17 under the jurisdiction or in the service 

18 area of the eligible entity, in a manner 

19 consistent with section 444 of the General 

20 Education Provisions Act (commonly 

21 known as the ‘Family Educational Rights 

22 and Privacy Act of 1974’), the best prac23 tices, programs, or strategies learned by 

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1 ticular emphasis on the best practices with 

2 respect to— 

3 ‘‘(I) focusing on closing achieve4 ment gaps; or 

5 ‘‘(II) successfully addressing the 

6 education needs of low-income stu7 dents; and 

8 ‘‘(vii) in the case of an eligible entity 

9 described in subsection (k)(4)(D)— 

10 ‘‘(I) supporting the short-term 

11 and long-term success of the proposed 

12 project, by— 

13 ‘‘(aa) developing a multi14 year financial and operating 

15 model for the eligible entity; and 

16 ‘‘(bb) including, with the 

17 plan, evidence of the dem18 onstrated commitment of current 

19 partners, as of the time of the 

20 application, for the proposed 

21 project and of broad support 

22 from stakeholders critical to the 

23 project’s long-term success; 


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1 ‘‘(II) closing public charter 

2 schools that do not meet acceptable 

3 standards of performance; and 

4 ‘‘(III) achieving the objectives of 

5 the proposed project on time and 

6 within budget, which shall include the 

7 use of clearly defined responsibilities, 

8 timelines, and milestones for accom9 plishing project tasks. 

10 ‘‘(C) CHARTER SCHOOL INFORMATION.— 

11 The number of— 

12 ‘‘(i) eligible public charter schools that 

13 are operating in the State in which the eli14 gible entity intends to award subgrants 

15 under this section; 

16 ‘‘(ii) public charter schools approved 

17 to open or likely to open during the grant 

18 period in such State; 

19 ‘‘(iii) available openings in eligible 

20 public charter schools in such State that 

21 could be created through the replication or 

22 expansion of such schools if the grant is 

23 awarded to the eligible entity; 


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1 ‘‘(iv) students on public charter school 

2 waiting lists (if such lists are available) 

3 in— 

4 ‘‘(I) the State in which the eligi5 ble entity intends to award subgrants 

6 under this section; and 

7 ‘‘(II) each local educational agen8 cy serving an eligible public charter 

9 school that may receive a subgrant 

10 under this section from the eligible 

11 entity; and 

12 ‘‘(v) students, and the percentage of 

13 students, in a local educational agency who 

14 are attending eligible public charter schools 

15 that may receive a subgrant under this 

16 section from the eligible entity. 

17 ‘‘(D) TRADITIONAL PUBLIC SCHOOL IN18 FORMATION.—In the case of an eligible entity 

19 described in subparagraph (A) or (C) of sub20 section (k)(4), a list of the following schools 

21 under the jurisdiction of the eligible entity, in22 cluding the name and location of each such 

23 school, the number and percentage of students 

24 under the jurisdiction of the eligible entity who 

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1 graphic and socioeconomic information as the 

2 Secretary may require: 

3 ‘‘(i) Identified schools. 

4 ‘‘(ii) Schools with a low graduation 

5 rate. 

6 ‘‘(E) ASSURANCE.—In the case of an eligi7 ble entity described in subsection (k)(4)(A), an 

8 assurance that the eligible entity will include in9 formation (in a language that the parents can 

10 understand) about the eligible public charter 

11 schools receiving subgrants under this section— 

12 ‘‘(i) in the notifications provided 

13 under section 1116(c)(6) to parents of 

14 each student enrolled in a school served by 

15 a local educational agency identified for 

16 school improvement or corrective action 

17 under paragraph (1) or (7) of section 

18 1116(c); or 

19 ‘‘(ii) in any case where the require20 ments under section 1116(c) have been 

21 waived in whole or in part by the Secretary 

22 under the authority of section 9401, to 

23 parents of each student enrolled in a 

24 school served by a local educational agency 

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1 tional assistance under any accountability 

2 system established under such section. 

3 ‘‘(3) MODIFICATIONS.—The Secretary may 

4 modify or waive any information requirement under 

5 paragraph (2)(C) for an eligible entity that dem6 onstrates that the eligible entity cannot reasonably 

7 obtain the information. 

8 ‘‘(d) PRIORITIES FOR AWARDING GRANTS.— 

9 ‘‘(1) IN GENERAL.—In awarding grants under 

10 this section, the Secretary shall give priority to an 

11 eligible entity that— 

12 ‘‘(A) serves or plans to serve a large per13 centage of low-income students from identified 

14 schools or public schools with a low graduation 

15 rate; 

16 ‘‘(B) oversees or plans to oversee one or 

17 more eligible public charter schools; 

18 ‘‘(C) provides evidence of effective moni19 toring of the academic success of students who 

20 attend public charter schools under the jurisdic21 tion of the eligible entity; 

22 ‘‘(D) has established goals, objectives, and 

23 outcomes for the proposed project that are 

24 clearly specified, measurable, and attainable; 


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1 ‘‘(E) in the case of an eligible entity that 

2 is a local educational agency under State law, 

3 has a cooperative agreement under section 

4 1116(b)(11); and 

5 ‘‘(F) is under the jurisdiction of, or plans 

6 to award subgrants under this section in, a 

7 State that— 

8 ‘‘(i) ensures that all public charter 

9 schools (including such schools served by a 

10 local educational agency and such schools 

11 considered to be a local educational agency 

12 under State law) receive, in a timely man13 ner, the Federal, State, and local funds to 

14 which such schools are entitled under ap15 plicable law; 

16 ‘‘(ii) provides funding (such as capital 

17 aid distributed through a formula or access 

18 to revenue generated bonds, and including 

19 funding for school facilities) on a per-pupil 

20 basis to public charter schools commensu21 rate with the amount of funding (including 

22 funding for school facilities) provided to 

23 traditional public schools; 

24 ‘‘(iii) provides strong evidence of sup25 port for public charter schools and has in 


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1 place innovative policies that support aca2 demically successful charter school growth; 

3 ‘‘(iv) authorizes public charter schools 

4 to offer early childhood education pro5 grams, including prekindergarten, in ac6 cordance with State law; 

7 ‘‘(v) authorizes or allows public char8 ter schools to serve as school food authori9 ties; 

10 ‘‘(vi) ensures that each public charter 

11 school in the State— 

12 ‘‘(I) has a high degree of auton13 omy over the public charter school’s 

14 budget and expenditures; 

15 ‘‘(II) has a written performance 

16 contract with an authorized public 

17 chartering agency that ensures that 

18 the school has an independent gov19 erning board with a high degree of 

20 autonomy; and 

21 ‘‘(III) in the case of an eligible 

22 public charter school receiving a 

23 subgrant under this section, amends 

24 its charter to reflect the growth activi25 ties described in subsection (e); 


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1 ‘‘(vii) has an appeals process for the 

2 denial of an application for a public char3 ter school; 

4 ‘‘(viii) provides that an authorized 

5 public chartering agency that is not a local 

6 educational agency, such as a State char7 tering board, is available for each indi8 vidual or entity seeking to operate a public 

9 charter school pursuant to such State law; 

10 ‘‘(ix) allows any public charter school 

11 to be a local educational agency in accord12 ance with State law; 

13 ‘‘(x) ensures that each authorized 

14 public chartering agency in the State sub15 mits annual reports to the State edu16 cational agency, and makes such reports 

17 available to the public, on the performance 

18 of the schools authorized or approved by 

19 such public chartering agency, which re20 ports shall include— 

21 ‘‘(I) the authorized public char22 tering agency’s strategic plan for au23 thorizing or approving public charter 

24 schools and any progress toward 


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1 achieving the objectives of the stra2 tegic plan; 

3 ‘‘(II) the authorized public char4 tering agency’s policies for authorizing 

5 or approving public charter schools, 

6 including how such policies examine a 

7 school’s— 

8 ‘‘(aa) financial plan and 

9 policies, including financial con10 trols and audit requirements; 

11 ‘‘(bb) plan for identifying 

12 and successfully (in compliance 

13 with all applicable laws and regu14 lations) serving students with 

15 disabilities, students who are 

16 English language learners, stu17 dents who are academically be18 hind their peers, and gifted stu19 dents; and 

20 ‘‘(cc) capacity and capability 

21 to successfully launch and subse22 quently operate a public charter 

23 school, including the backgrounds 

24 of the individuals applying to the 

25 agency to operate such school 


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1 and any record of such individ2 uals operating a school; 

3 ‘‘(III) the authorized public char4 tering agency’s policies for renewing, 

5 not renewing, and revoking a public 

6 charter school’s charter, including the 

7 role of student academic achievement 

8 in such decisions; 

9 ‘‘(IV) the authorized public char10 tering agency’s transparent, timely, 

11 and effective process for closing down 

12 academically unsuccessful public char13 ter schools; 

14 ‘‘(V) the academic performance 

15 of each operating public charter 

16 school authorized or approved by the 

17 authorized public chartering agency, 

18 including the information reported by 

19 the State in the State annual report 

20 card under section 1111(h)(1)(C) for 

21 such school (or any similar reporting 

22 requirement authorized by the Sec23 retary through a waiver under section 

24 9401); 


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1 ‘‘(VI) the status of the author2 ized public chartering agency’s charter 

3 school portfolio, by identifying all 

4 charter schools served by the public 

5 chartering agency in each of the fol6 lowing categories: approved (but not 

7 yet open), operating, renewed, trans8 ferred, revoked, not renewed, volun9 tarily closed, or never opened; 

10 ‘‘(VII) the authorizing functions 

11 provided by the authorized public 

12 chartering agency to the public char13 ter schools under its purview, includ14 ing such agency’s operating costs and 

15 expenses as detailed through annual 

16 auditing of financial statements that 

17 conform with general accepted ac18 counting principles; and 

19 ‘‘(VIII) the services purchased 

20 (such as accounting, transportation, 

21 and data management and analysis) 

22 from the authorized public chartering 

23 agency by the public charter schools 

24 authorized or approved by such agen25 cy, including an itemized accounting 


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1 of the actual costs of such services; 

2 and 

3 ‘‘(xi) has or will have (within 1 year 

4 after receiving a grant under this section) 

5 a State policy and process for overseeing 

6 and reviewing the effectiveness and quality 

7 of the State’s authorized public chartering 

8 agencies, including— 

9 ‘‘(I) a process for reviewing and 

10 evaluating the performance of the au11 thorized public chartering agencies in 

12 authorizing or approving public char13 ter schools, including a process that 

14 enables the authorized public char15 tering agencies to respond to any 

16 State concerns; and 

17 ‘‘(II) any other necessary policies 

18 to ensure effective charter school au19 thorizing in the State in accordance 

20 with the principles of quality charter 

21 school authorizing, as determined by 

22 the State in consultation with the 

23 charter school community and stake24 holders. 


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1 ‘‘(2) SPECIAL RULE.—In awarding grants 

2 under this section, the Secretary may determine how 

3 the priorities described in paragraph (1) will apply 

4 to the different types of eligible entities defined in 

5 subsection (k)(4). 

6 ‘‘(e) USE OF FUNDS.—An eligible entity receiving a 

7 grant under this section shall use the grant funds for the 

8 following: 

9 ‘‘(1) SUBGRANTS.— 

10 ‘‘(A) IN GENERAL.—An eligible entity shall 

11 award subgrants, in such amount as the eligible 

12 entity determines is appropriate, to eligible pub13 lic charter schools to replicate or expand such 

14 schools. 

15 ‘‘(B) APPLICATION.—An eligible public 

16 charter school desiring to receive a subgrant 

17 under this subsection shall submit an applica18 tion to the eligible entity at such time, in such 

19 manner, and containing such information as the 

20 eligible entity may require. 

21 ‘‘(C) USES OF FUNDS.—An eligible public 

22 charter school receiving a subgrant under this 

23 subsection shall use the subgrant funds to pro24 vide for an increase in the school’s enrollment 

25 of students through the replication or expansion 


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1 of the school, which may include use of funds 

2 to— 

3 ‘‘(i) support the physical expansion of 

4 school buildings, including financing the 

5 development of new buildings and cam6 puses to meet increased enrollment needs; 

7 ‘‘(ii) pay costs associated with hiring 

8 additional teachers to serve additional stu9 dents; 

10 ‘‘(iii) provide transportation to addi11 tional students to and from the school (in12 cluding providing transportation to stu13 dents who transfer to the school under a 

14 cooperative agreement established under 

15 section 1116(b)(11)), as long as the eligi16 ble public charter school demonstrates to 

17 the eligible entity, in the application re18 quired under subparagraph (B), that the 

19 public charter school has the capability to 

20 continue providing such transportation 

21 after the expiration of the subgrant funds; 

22 ‘‘(iv) purchase instructional materials, 

23 implement teacher and principal profes24 sional development programs, and hire ad25 ditional non-teaching staff; and 


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1 ‘‘(v) support any necessary activities 

2 associated with the school carrying out the 

3 purposes of this section, including data col4 lection and management. 

5 ‘‘(D) PRIORITY.—In awarding subgrants 

6 under this subsection, an eligible entity shall 

7 give priority to an eligible public charter school 

8 that— 

9 ‘‘(i)(I) has significantly closed any 

10 achievement gaps on the State academic 

11 assessments described in section 

12 1111(b)(3) among the groups of students 

13 described in section 1111(b)(2)(C)(v) by 

14 improving scores; or 

15 ‘‘(II) in the case of a school in a State 

16 for which the Secretary has granted a 

17 waiver under section 9401, has signifi18 cantly closed any achievement gaps among 

19 groups of students, as determined by the 

20 Secretary in accordance with any account21 ability standards that the Secretary has 

22 authorized through such waiver; and 

23 ‘‘(ii) has been in operation for not less 

24 than 3 consecutive years and has dem25 onstrated overall success, including— 


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1 ‘‘(I) substantial progress in im2 proving student achievement, as meas3 ured— 

4 ‘‘(aa) for tested grades and 

5 subjects, by a student’s score on 

6 State academic assessments re7 quired under this Act, and other 

8 rigorous measures of student 

9 learning that are comparable 

10 across classrooms, such as the 

11 measures described in item (bb); 

12 and 

13 ‘‘(bb) for non-tested grades 

14 and subjects, alternative meas15 ures of student learning and per16 formance, such as student scores 

17 on pretests and end-of-course 

18 tests, student performance on 

19 English language proficiency as20 sessments; and other measures of 

21 student achievement that are rig22 orous and comparable across 

23 classrooms; and 

24 ‘‘(II) the management and lead25 ership necessary to overcome initial 


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1 start-up problems and establish a 

2 thriving, financially viable charter 

3 school. 

4 ‘‘(E) DURATION OF SUBGRANT.—A 

5 subgrant under this subsection shall be awarded 

6 for a period of not more than 3 years, except 

7 that an eligible public charter school receiving a 

8 subgrant under this subsection may, at the dis9 cretion of the eligible entity, continue to expend 

10 subgrant funds after the end of the subgrant 

11 period. 

12 ‘‘(2) FACILITY FINANCING AND REVOLVING

13 LOAN FUND.—An eligible entity may use not more 

14 than 25 percent of the amount of the grant funds 

15 received under this section to establish a reserve ac16 count described in subsection (f) to facilitate public 

17 charter school facility acquisition and development 

18 by— 

19 ‘‘(A) conducting credit enhancement initia20 tives (as referred to in subpart 2) in support of 

21 the development of facilities for eligible public 

22 charter schools serving students; 

23 ‘‘(B) establishing a revolving loan fund for 

24 use by an eligible public charter school receiving 

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1 ble entity under such terms as may be deter2 mined by the eligible entity to allow such school 

3 to expand to serve additional students; 

4 ‘‘(C) facilitating, through direct expendi5 ture or financing, the acquisition or develop6 ment of public charter school buildings by the 

7 eligible entity or an eligible public charter 

8 school receiving a subgrant under this sub9 section from the eligible entity, which may be 

10 used as both permanent locations for eligible 

11 public charter schools or incubators for growing 

12 charter schools; or 

13 ‘‘(D) establishing a partnership with 1 or 

14 more community development financial institu15 tions (as defined in section 103 of the Commu16 nity Development Banking and Financial Insti17 tutions Act of 1994 (12 U.S.C. 4702)) or other 

18 mission-based financial institutions to carry out 

19 the activities described in subparagraphs (A), 

20 (B), and (C). 

21 ‘‘(3) ADMINISTRATIVE TASKS, DISSEMINATION

22 ACTIVITIES, RESEARCH, AND DATA COLLECTION.— 

23 ‘‘(A) IN GENERAL.—An eligible entity may 

24 use not more than 7.5 percent of the grant 

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1 ministrative tasks, dissemination activities, and 

2 outreach, including data collection and manage3 ment. 

4 ‘‘(B) NONPROFIT ASSISTANCE.—In car5 rying out the administrative tasks, dissemina6 tion activities, and outreach described in sub7 paragraph (A), an eligible entity may contract 

8 with an organization described in section 

9 501(c)(3) of the Internal Revenue Code of 1986 

10 (26 U.S.C. 501(c)(3)) and exempt from tax 

11 under section 501(a) of such Code (26 U.S.C. 

12 501(a)). 

13 ‘‘(f) RESERVE ACCOUNT.— 

14 ‘‘(1) IN GENERAL.—To assist eligible entities in 

15 the development of new public charter school build16 ings or facilities for eligible public charter schools, 

17 an eligible entity receiving a grant under this section 

18 may, in accordance with State and local law, directly 

19 or indirectly, alone or in collaboration with others, 

20 deposit the amount of funds described in subsection 

21 (e)(2) in a reserve account established and main22 tained by the eligible entity. 

23 ‘‘(2) INVESTMENT.—Funds received under this 

24 section and deposited in the reserve account estab25 lished under this subsection shall be invested in obliVerDate Mar 15 2010 22:20 May 30, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083

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1 gations issued or guaranteed by the United States or 

2 a State, or in other similarly low-risk securities. 

3 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn4 ings on funds received under this subsection shall be 

5 deposited in the reserve account established under 

6 this subsection and used in accordance with the pur7 pose described in subsection (a). 

8 ‘‘(4) RECOVERY OF FUNDS.— 

9 ‘‘(A) IN GENERAL.—The Secretary, in ac10 cordance with chapter 37 of title 31, United 

11 States Code, shall collect— 

12 ‘‘(i) all funds in a reserve account es13 tablished by an eligible entity under this 

14 subsection if the Secretary determines, not 

15 earlier than 2 years after the date the eli16 gible entity first received funds under this 

17 section, that the eligible entity has failed to 

18 make substantial progress carrying out the 

19 purpose described in paragraph (1); or 

20 ‘‘(ii) all or a portion of the funds in 

21 a reserve account established by an eligible 

22 entity under this subsection if the Sec23 retary determines that the eligible entity 

24 has permanently ceased to use all or a porVerDate Mar 15 2010 22:20 May 30, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083

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1 tion of funds in such account to accomplish 

2 the purpose described in paragraph (1). 

3 ‘‘(B) EXERCISE OF AUTHORITY.—The Sec4 retary shall not exercise the authority provided 

5 under subparagraph (A) to collect from any eli6 gible entity any funds that are being properly 

7 used to achieve such purpose. 

8 ‘‘(C) PROCEDURES.—Sections 451, 452, 

9 and 458 of the General Education Provisions 

10 Act shall apply to the recovery of funds under 

11 subparagraph (A). 

12 ‘‘(D) CONSTRUCTION.—This paragraph 

13 shall not be construed to impair or affect the 

14 authority of the Secretary to recover funds 

15 under part D of the General Education Provi16 sions Act. 

17 ‘‘(5) REALLOCATION.—Any funds collected by 

18 the Secretary under paragraph (4) shall be awarded 

19 to eligible entities receiving grants under this section 

20 in the next fiscal year. 

21 ‘‘(g) FINANCIAL RESPONSIBILITY.—The financial 

22 records of each eligible entity and eligible public charter 

23 school receiving a grant or subgrant, respectively, under 

24 this section shall be maintained in accordance with genVerDate Mar 15 2010 22:20 May 30, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1083.IS S1083

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1 erally accepted accounting principles and shall be subject 

2 to an annual audit by an independent public accountant. 

3 ‘‘(h) NATIONAL EVALUATION.— 

4 ‘‘(1) NATIONAL EVALUATION.—From the 

5 amounts appropriated under section 5200, the Sec6 retary shall conduct an independent, comprehensive, 

7 and scientifically sound evaluation, by grant or con8 tract and using the highest quality research design 

9 available, of the impact of the activities carried out 

10 under this section on— 

11 ‘‘(A) student achievement, including State 

12 standardized assessment scores and, if avail13 able, student academic longitudinal growth (as 

14 described in subsection (c)(2)(A)(i)) based on 

15 such assessments; and 

16 ‘‘(B) other areas, as determined by the 

17 Secretary. 

18 ‘‘(2) REPORT.—Not later than 4 years after the 

19 date of the enactment of the All Students Achieving 

20 through Reform Act of 2013, and biannually there21 after, the Secretary shall submit to Congress a re22 port on the results of the evaluation described in 

23 paragraph (1). 


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1 ‘‘(i) REPORTS.—Each eligible entity receiving a grant 

2 under this section shall prepare and submit to the Sec3 retary the following: 

4 ‘‘(1) REPORT.—A report that contains such in5 formation as the Secretary may require concerning 

6 use of the grant funds by the eligible entity, includ7 ing the academic achievement of the students at8 tending eligible public charter schools as a result of 

9 the grant. Such report shall be submitted before the 

10 end of the 3-year period beginning on the date of en11 actment of the All Students Achieving through Re12 form Act of 2013 and every 2 years thereafter. 

13 ‘‘(2) PERFORMANCE INFORMATION.—Such per14 formance information as the Secretary may require 

15 for the national evaluation conducted under sub16 section (h)(1). 

17 ‘‘(j) INAPPLICABILITY.—The provisions of sections 

18 5201 through 5209 shall not apply to the program under 

19 this section. 

20 ‘‘(k) DEFINITIONS.—In this section: 

21 ‘‘(1) ADEQUATE YEARLY PROGRESS.—The term 

22 ‘adequate yearly progress’ has the meaning given 

23 such term in a State’s plan in accordance with sec24 tion 1111(b)(2)(C). 


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1 ‘‘(2) ADMINISTRATIVE TASKS, DISSEMINATION

2 ACTIVITIES, AND OUTREACH.—The term ‘adminis3 trative tasks, dissemination activities, and outreach’ 

4 includes costs and activities associated with— 

5 ‘‘(A) recruiting and selecting students to 

6 attend eligible public charter schools; 

7 ‘‘(B) outreach to parents of students en8 rolled in identified schools or schools with low 

9 graduation rates; 

10 ‘‘(C) providing information to such parents 

11 and school officials at such schools regarding el12 igible public charter schools receiving subgrants 

13 under subsection (e); 

14 ‘‘(D) necessary oversight of the grant pro15 gram under this section; and 

16 ‘‘(E) initiatives and activities to dissemi17 nate the best practices, programs, or strategies 

18 learned in eligible public charter schools to 

19 other public schools operating in the State 

20 where the eligible entity intends to award sub21 grants under this section. 

22 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

23 school’ means— 

24 ‘‘(A) a charter school, as defined in section 

25 5211(1); or 


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1 ‘‘(B) a school that meets the requirements 

2 of such section, except for subparagraph (D) of 

3 the section, and provides prekindergarten or 

4 adult education services. 

5 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means— 

7 ‘‘(A) a State educational agency; 

8 ‘‘(B) an authorized public chartering agen9 cy; 

10 ‘‘(C) a local educational agency that has 

11 authorized or is planning to authorize a public 

12 charter school; 

13 ‘‘(D) an organization (including a non14 profit charter management organization) that 

15 has an organizational mission and record of 

16 success supporting the replication and expan17 sion of high-quality charter schools and is— 

18 ‘‘(i) described in section 501(c)(3) of 

19 the Internal Revenue Code of 1986 (26 

20 U.S.C. 501(c)(3)); and 

21 ‘‘(ii) exempt from tax under section 

22 501(a) of such Code (26 U.S.C. 501(a)); 

23 or 

24 ‘‘(E) a consortium of organizations de25 scribed in subparagraph (D). 


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1 ‘‘(5) ELIGIBLE PUBLIC CHARTER SCHOOL.— 

2 The term ‘eligible public charter school’ means a 

3 charter school that has no significant compliance 

4 issue and shows evidence of strong academic results 

5 for the past three years (or over the life of the 

6 school if the school has been open for fewer than 

7 three years), based on— 

8 ‘‘(A) increased student academic achieve9 ment and attainment for all students, including, 

10 as applicable, educationally disadvantaged stu11 dents served by the charter school; 

12 ‘‘(B)(i) demonstrated success in closing 

13 historic achievement gaps for the subgroups of 

14 students described in section 

15 1111(b)(2)(C)(v)(II) at the charter school or, in 

16 the case of a school in a State for which the 

17 Secretary has granted a waiver under section 

18 9401, demonstrated success in closing achieve19 ment gaps among groups of students, as deter20 mined by the Secretary in accordance with any 

21 accountability standards that the Secretary has 

22 authorized through such waiver; or 

23 ‘‘(ii) no significant achievement gaps be24 tween any of the subgroups of students de25 scribed in section 1111(b)(2)(C)(v)(II) (or as 


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1 determined by the Secretary in accordance with 

2 any accountability standards authorized 

3 through a waiver under section 9401) and sig4 nificant gains in student achievement with all 

5 populations of students served by the charter 

6 school; and 

7 ‘‘(C) results (including, where applicable 

8 and available, performance on statewide tests, 

9 attendance and retention rates, secondary 

10 school graduation rates, and attendance and 

11 persistence rates at institutions of higher edu12 cation) for low-income and other educationally 

13 disadvantaged students served by the charter 

14 school that are above the average achievement 

15 results for such students in the State. 

16 ‘‘(6) GRADUATION RATE.—The term ‘gradua17 tion rate’ has the meaning given the term in section 

18 1111(b)(2)(C)(vi), as clarified in section 

19 200.19(b)(1) of title 34, Code of Federal Regula20 tions. 

21 ‘‘(7) IDENTIFIED SCHOOL.—The term ‘identi22 fied school’ means a school— 

23 ‘‘(A) identified for school improvement, 

24 corrective action, or restructuring under para25 graph (1), (7), or (8) of section 1116(b); or 


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1 ‘‘(B) in the case of a school for which the 

2 Secretary has waived the applicability of such 

3 paragraphs pursuant to section 9401, identified 

4 as a priority school, a focus school, or a school 

5 otherwise in need of significant assistance, as 

6 determined by the accountability standards au7 thorized by such waiver 

8 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—The term 

9 ‘local educational agency’ includes any charter school 

10 that is a local educational agency, as determined by 

11 State law. 

12 ‘‘(9) LOW-INCOME STUDENT.—The term ‘low13 income student’ means a student eligible for free or 

14 reduced price lunches under the Richard B. Russell 

15 National School Lunch Act (42 U.S.C. 1751 et 

16 seq.). 

17 ‘‘(10) SCHOOL FOOD AUTHORITY.—The term 

18 ‘school food authority’ has the meaning given the 

19 term in section 250.3 of title 7, Code of Federal 

20 Regulations (or any corresponding similar regulation 

21 or ruling). 

22 ‘‘(11) SCHOOL YEAR.—The term ‘school year’ 

23 has the meaning given such term in section 12(d) of 

24 the Richard B. Russell National School Lunch Act 

25 (42 U.S.C. 1760(d)). 


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1 ‘‘(12) TRADITIONAL PUBLIC SCHOOL.—The 

2 term ‘traditional public school’ does not include any 

3 charter school, as defined in section 5211.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Part B 

5 of title V of the Elementary and Secondary Education Act 

6 of 1965 (20 U.S.C. 7221 et seq.) is amended— 

7 (1) by striking section 5231; and 

8 (2) by inserting before subpart 1 the following: 

9 ‘‘SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR 

10 SUBPARTS 1 AND 2. 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to carry out subparts 1 and 2, $700,000,000 

13 for fiscal year 2014 and such sums as may be necessary 

14 for each of the 5 succeeding fiscal years. 

15 ‘‘(b) ALLOCATION.—In allocating funds appropriated 

16 under this section for any fiscal year, the Secretary shall 

17 consider— 

18 ‘‘(1) the relative need among the programs car19 ried out under sections 5202, 5205, 5210, and sub20 part 2; and 

21 ‘‘(2) the quality of the applications submitted 

22 for such programs.’’. 

23 (c) CONFORMING AMENDMENTS.—The Elementary 

24 and Secondary Education Act of 1965 (20 U.S.C. 6301 

25 et seq.) is amended— 


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1 (1) in section 2102(2) (20 U.S.C. 6602(2)), by 

2 striking ‘‘5210’’ and inserting ‘‘5211’’; 

3 (2) in section 5204(e) (20 U.S.C. 7221c(e)), by 

4 striking ‘‘5210(1)’’ and inserting ‘‘5211(1)’’; 

5 (3) in section 5211(1) (as redesignated by sub6 section (a)(2)) (20 U.S.C. 7221i(1)), by striking 

7 ‘‘The term’’ and inserting ‘‘Except as otherwise pro8 vided, the term’’; 

9 (4) in section 5230(1) (20 U.S.C. 7223i(1)), by 

10 striking ‘‘5210’’ and inserting ‘‘5211’’; and 

11 (5) in section 5247(1) (20 U.S.C. 7225f(1)), by 

12 striking ‘‘5210’’ and inserting ‘‘5211’’. 

13 (d) TABLE OF CONTENTS.—The table of contents in 

14 section 2 of the Elementary and Secondary Education Act 

15 of 1965 is amended— 

16 (1) by inserting before the item relating to sub17 part 1 of part B of title V the following: 

‘‘Sec. 5200. Authorization of appropriations for subparts 1 and 2.’’; 

18 (2) by striking the items relating to sections 

19 5210 and 5211; 

20 (3) by inserting after the item relating to sec21 tion 5209 the following: 

‘‘Sec. 5210. Charter school expansion and replication. 

‘‘Sec. 5211. Definitions.’’; 

22 and 


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1 (4) by striking the item relating to section 

2 5231. 

Æ 


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