I 

111TH CONGRESS 

1ST SESSION H. R. 4330 

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

such public charter schools to expand and replicate. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2009 

Mr. POLIS of Colorado (for himself, Ms. BERKLEY, Mr. CAO, Ms. DEGETTE, 

Mr. EHLERS, Mr. HIMES, Mr. HINOJOSA, Mr. HOLT, Mr. KLEIN of Florida, Ms. KOSMAS, Mr. MURPHY of Connecticut, Mr. PATRICK J. MURPHY

of Pennsylvania, Ms. NORTON, Mr. PAULSEN, Mr. PERLMUTTER, and 

Mr. PERRIELLO) introduced the following bill; which was referred to the 

Committee on Education and Labor 

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 2009’’ or ‘‘All-STAR Act of 2009’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to support State efforts 

8 to expand and replicate high-quality public charter schools 


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1 to enable such schools to serve additional students, with 

2 a priority to serve those students who attend identified 

3 schools or schools with a low graduation rate. 

4 SEC. 3. SUPPORT FOR PROVEN CHARTER SCHOOLS AND IN5 CREASING THE SUPPLY OF HIGH-QUALITY 

6 CHARTER SCHOOLS. 

7 (a) GRANTS AUTHORIZED.—From the amounts ap8 propriated under section 13 for any fiscal year, the Sec9 retary shall award grants, on a competitive basis, to eligi10 ble entities to make subgrants to eligible public charter 

11 schools, and carry out the other activities described in sec12 tion 6, to allow such schools to serve additional students 

13 through the expansion and replication of such schools. 

14 (b) AMOUNT OF GRANTS.—In determining the grant 

15 amount to be awarded under this section to an eligible 

16 entity, the Secretary shall take into consideration— 

17 (1) the number of eligible public charter schools 

18 under the jurisdiction of the eligible entity that are 

19 operating, are approved to open, or are likely to 

20 open during the duration of the grant; 

21 (2) the number of seats for new students that 

22 could be created in such schools with such grant; 

23 (3) the number of students eligible for free or 

24 reduced price lunches under the Richard B. Russell 

25 National School Lunch Act (42 U.S.C. 1751 et seq.) 


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1 who are on waiting lists for charter schools under 

2 the jurisdiction of the eligible entity, and other infor3 mation with respect to charter schools in such juris4 diction that suggest the interest of parents in char5 ter school enrollment for their children; 

6 (4) the number of students attending identified 

7 schools and schools with a low graduation rate in the 

8 State where an eligible entity intends to replicate or 

9 expand eligible public charter schools; and 

10 (5) the success of the eligible entity in over11 seeing public charter schools and the likelihood of 

12 continued or increased success because of the grant 

13 under this Act. 

14 (c) DURATION OF GRANTS.—Grants under this Act 

15 shall be awarded for a period of up to 5 years and may 

16 be continued for up to a period of 5 additional years at 

17 the discretion of the Secretary. 

18 SEC. 4. APPLICATION REQUIREMENTS. 

19 (a) APPLICATION REQUIREMENTS.—To be consid20 ered for a grant under this Act, an eligible entity shall 

21 submit an application to the Secretary at such time, in 

22 such manner, and containing such information as the Sec23 retary may require. 

24 (b) CONTENTS.—The application described in sub25 section (a) shall include, at a minimum, the following: 


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1 (1) RECORD OF SUCCESS.—Documentation of 

2 the record of success of the eligible entity in over3 seeing or operating public charter schools, includ4 ing— 

5 (A) the performance of students on the 

6 academic assessments described in section 

7 1111(b)(3) of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 6311(b)(3)) 

9 of the State where such schools are located, 

10 disaggregated by— 

11 (i) economic disadvantage; 

12 (ii) race and ethnicity; 

13 (iii) disability status; and 

14 (iv) level of English proficiency; 

15 (B) the status of such schools under sec16 tion 1116 of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 6316) in 

18 making adequate yearly progress or as identi19 fied schools; and 

20 (C) in the case of high schools, the gradua21 tion rates and rates of college enrollment and 

22 persistence of such schools. 

23 (2) PLAN.—A plan for using funds received 

24 under this Act for— 


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1 (A) replicating and expanding eligible char2 ter schools operated or overseen by the eligible 

3 entity; 

4 (B) identifying eligible public charter 

5 schools, or networks of public charter schools, 

6 to receive subgrants under this Act; 

7 (C) increasing the number of seats in eligi8 ble public charter schools for students attending 

9 identified schools and schools with a low grad10 uation rate; 

11 (D) ensuring that eligible public charter 

12 schools receiving a subgrant under this Act en13 roll students through a random lottery for ad14 mission, unless the charter school is using the 

15 subgrant to expand the school to serve addi16 tional grades, in which case such school may re17 serve seats in the additional grades for— 

18 (i) each student enrolled in the grade 

19 preceding each such additional grade; and 

20 (ii) siblings of students enrolled in the 

21 charter school, if such siblings desire to en22 roll in such grade; 

23 (E) the manner in which the eligible entity 

24 will work with identified schools, and schools 

25 with low graduation rates, under its jurisdiction 


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1 or the jurisdiction where the eligible entity in2 tends to replicate or expand eligible public char3 ter schools, and the local educational agencies 

4 serving such schools that are eligible to enroll 

5 students in a public charter school receiving a 

6 subgrant under this Act, to— 

7 (i) engage in community outreach and 

8 communicate with parents of students at 

9 identified schools and schools with low 

10 graduation rates who are eligible to attend 

11 a public charter school receiving a 

12 subgrant under this Act about the oppor13 tunity to enroll in such school, in a manner 

14 consistent with section 444 of the General 

15 Education Provisions Act (commonly 

16 known as the ‘‘Family Educational Rights 

17 and Privacy Act of 1974’’ (20 U.S.C. 

18 1232g)); 

19 (ii) notify parents of students at such 

20 schools of the option to transfer to an eli21 gible public charter school receiving a 

22 subgrant under this Act; 

23 (iii) provide information to parents of 

24 students at such schools, in a language 

25 that the parents can understand, to enable 


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1 the parents to make informed decisions re2 garding such students; and 

3 (iv) ensure that a student can con4 tinue to attend an eligible public charter 

5 school if the public charter school the stu6 dent was attending in the previous school 

7 year is no longer an eligible public charter 

8 school; 

9 (F) disseminating to public schools under 

10 the jurisdiction of the eligible entity, in a man11 ner consistent with section 444 of the General 

12 Education Provisions Act (20 U.S.C. 1232g) 

13 (commonly known as the ‘‘Family Educational 

14 Rights and Privacy Act of 1974’’), the best 

15 practices learned by awarding subgrants to eli16 gible public charter schools under this Act, with 

17 particular emphasis on the best practices with 

18 respect to— 

19 (i) focusing on closing the achieve20 ment gap; and 

21 (ii) successfully serving the education 

22 needs of low-income students. 

23 (3) CHARTER SCHOOL INFORMATION.—The 

24 number of— 


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1 (A) eligible public charter schools that are 

2 operating in the State in which the eligible enti3 ty intends to award subgrants under this Act; 

4 (B) eligible public charter schools approved 

5 to open in the next school year in such State; 

6 (C) eligible public charter schools likely to 

7 open during the duration of the grant to the eli8 gible entity in such State; 

9 (D) available openings in eligible public 

10 charter schools in such State that could be cre11 ated through the replication or expansion of 

12 such schools if the grant is awarded to the eligi13 ble entity; 

14 (E) students on charter school waiting lists 

15 (if such lists are available) in— 

16 (i) the State where the eligible entity 

17 intends to replicate or expand eligible pub18 lic charter schools; and 

19 (ii) in the local educational agency 

20 serving eligible public charter schools that 

21 may receive subgrants under this Act from 

22 the eligible entity; 

23 (F) students, and the percentage of stu24 dents, who attend identified schools and schools 

25 with a low graduation rate, in the State where 


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1 the eligible entity intends to replicate or expand 

2 eligible public charter schools; and 

3 (G) students, and the percentage of stu4 dents, in a local educational agency who are at5 tending eligible public charter schools that may 

6 receive a subgrant under this Act from the eli7 gible entity. 

8 (4) TRADITIONAL PUBLIC SCHOOL INFORMA9 TION.—In the case of an eligible entity that is a 

10 State educational agency or local educational agency, 

11 a list of the following schools under the jurisdiction 

12 of the eligible entity, including the name and loca13 tion of each such school, and such demographic and 

14 socioeconomic information as the Secretary may re15 quire: 

16 (A) Identified schools. 

17 (B) Schools with a low graduation rate. 

18 (5) ASSURANCE.—An assurance that the State 

19 educational agency will include in the notifications 

20 provided under section 1116(c)(6) of the Elementary 

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

22 6316(c)(6)) to parents of each student enrolled in a 

23 school served by a local educational agency identified 

24 for improvement under such section, information (in 

25 a language that the parents can understand) about 


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1 the eligible public charter schools receiving sub2 grants under this Act. 

3 SEC. 5. PRIORITIES FOR AWARDING GRANTS. 

4 In awarding grants under this section, the Secretary 

5 shall give priority to an eligible entity— 

6 (1) that serves or plans to serve a large per7 centage of low-income students from identified 

8 schools or public schools with a low graduation rate; 

9 (2) that oversees or plans to oversee one or 

10 more eligible public charter schools; 

11 (3) that is effectively monitoring the academic 

12 success of students who attend eligible public charter 

13 schools under the jurisdiction of the eligible entity; 

14 (4) that is under the jurisdiction of, or plans to 

15 make subgrants under this Act in, a State that— 

16 (A) ensures that all public charter schools 

17 (including such schools served by a local edu18 cational agency and such schools considered to 

19 be a local educational agency under State law) 

20 receive, in a timely manner, the Federal, State, 

21 and local funds to which such schools are enti22 tled under applicable law; and 

23 (B) does not have a cap that restricts the 

24 growth of public charter schools in the State; 


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1 (C) provides funding (such as capital aid 

2 distributed through a formula or access to rev3 enue generated bonds) on a per-pupil basis to 

4 public charter schools (including funding for 

5 school facilities) commensurate with the amount 

6 of funding (including funding for school facili7 ties) provided to traditional public schools; 

8 (D) supports public charter schools, and 

9 has in place innovative policies that support 

10 academically successful charter school growth; 

11 (E) authorizes public charter schools to 

12 offer early childhood education programs, in13 cluding pre-kindergarten, in accordance with 

14 State law; 

15 (F) ensures that each public charter school 

16 in the State— 

17 (i) has a high degree of autonomy 

18 over the public charter school’s budgets 

19 and expenditures; 

20 (ii) has a written performance con21 tract with an authorized public chartering 

22 agency that ensures that the school has an 

23 independent governing board and such 

24 board has a high degree of autonomy; and 


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1 (iii) in the case of an eligible public 

2 charter school receiving a subgrant under 

3 this Act, amends its charter to reflect the 

4 growth activities described in section 6; 

5 (G) has an appeals process for the denial 

6 of an application for a charter school; 

7 (H) provides for an authorized public char8 tering agency that is not a local educational 

9 agency, such as a State chartering board, for 

10 each individual or entity seeking to operate a 

11 charter school pursuant to such State law; 

12 (I) allows any public charter school to be 

13 a local educational agency in accordance with 

14 State law; 

15 (J) ensures that each authorized public 

16 chartering agency in the State submits reports 

17 to the State educational agency (which shall be 

18 made public) on the performance of the schools 

19 authorized or approved by such public char20 tering agency, which includes information such 

21 as— 

22 (i) the authorized public chartering 

23 agency’s strategic plan for authorizing or 

24 approving public charter schools and any 


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1 progress toward achieving the objectives of 

2 the strategic plan; 

3 (ii) the authorized public chartering 

4 agency’s policies for authorizing or approv5 ing public charter schools, including wheth6 er (among other factors) such policies ex7 amine a school’s— 

8 (I) financial plan and policies, in9 cluding financial controls and audit 

10 requirements; 

11 (II) plan for identifying and suc12 cessfully (in compliance with applica13 ble laws and regulations) serving stu14 dents with disabilities, students who 

15 are English language learners, stu16 dents who are academically behind 

17 their peers, and gifted students; and 

18 (III) capacity and capability to 

19 successfully launch and subsequently 

20 operate a public charter school, in21 cluding the backgrounds of the indi22 viduals applying to the agency to op23 erate such school; 

24 (iii) the authorized public chartering 

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1 ing, and revoking public charter schools’ 

2 charters; 

3 (iv) the authorized public chartering 

4 agency’s transparent, timely, and effective 

5 process for closing down academically un6 successful charter schools; 

7 (v) the academic performance of each 

8 operating public charter school authorized 

9 or approved by the authorized public char10 tering agency, including the information 

11 reported by the State in the State annual 

12 report card under section 1111(h)(1)(C) of 

13 the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 6311(h)(1)(C)); 

15 (vi) the status of the authorized public 

16 chartering agency’s charter school port17 folio, identifying all charter schools in the 

18 categories of approved (but not yet open), 

19 operating, renewed, transferred, revoked, 

20 not renewed, voluntarily closed, or never 

21 opened by such public chartering agency; 

22 (vii) the authorizing functions (such 

23 as approval, monitoring, and oversight) 

24 provided by the authorized public char25 tering agency to the public charter schools 


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1 authorized or approved by such agency, in2 cluding an itemized accounting of the ac3 tual costs of such functions; and 

4 (viii) the services purchased (such as 

5 accounting, transportation, and data man6 agement and analysis) from the public 

7 chartering agency by the public charter 

8 schools authorized or approved by such 

9 agency, including an itemized accounting 

10 of the actual costs of these services; 

11 (K) has or will have (within 1 year after 

12 receiving a grant award under this Act) a State 

13 policy and process for overseeing and reviewing 

14 the effectiveness and quality of the State’s au15 thorized public chartering agencies, including— 

16 (i) a process for reviewing and evalu17 ating the performance of the authorized 

18 public chartering agencies in authorizing 

19 or approving charter schools, including a 

20 process that enables the authorized public 

21 chartering agencies to respond to any 

22 State concerns or deficiencies regarding 

23 such authorizing or approving; and 

24 (ii) any other necessary policies to en25 sure effective charter school authorizing in 


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1 the State that are developed in conjunction 

2 with the State’s charter school community 

3 in accordance with the principles of quality 

4 charter school authorizing, as determined 

5 by the State in consultation with the char6 ter school community and stakeholders; 

7 and 

8 (L) that, in the case of an eligible entity 

9 that is a local educational agency under State 

10 law, has a cooperative agreement under section 

11 1116(b)(11) of the Elementary and Secondary 

12 (20 U.S.C. 6316(b)(11)). 

13 SEC. 6. USE OF FUNDS. 

14 An eligible entity receiving a grant under this Act 

15 may only use the grant funds for the following: 

16 (1) SUBGRANTS.— 

17 (A) IN GENERAL.—To award subgrants, in 

18 such amount as the eligible entity determines is 

19 appropriate, to eligible public charter schools to 

20 replicate or expand such schools. 

21 (B) APPLICATION.—An eligible public 

22 charter school desiring to receive a subgrant 

23 under this section shall submit an application to 

24 the eligible entity at such time, in such manner, 


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1 and containing such information as the Sec2 retary may require. 

3 (C) USES OF FUNDS.—An eligible public 

4 charter school receiving a subgrant under this 

5 section shall use the subgrant funds to— 

6 (i) provide for increases in each such 

7 school’s enrollment of students through the 

8 replication or expansion of such school; 

9 (ii) support the physical expansion of 

10 school buildings, including financing the 

11 development of new buildings and cam12 puses to meet increased enrollment needs; 

13 (iii) pay costs associated with hiring 

14 additional teachers to serve additional stu15 dents; 

16 (iv) provide transportation to addi17 tional students to and from each such 

18 school, including providing transportation 

19 to students who transfer to each such 

20 school under a cooperative agreement es21 tablished under section 1116(b)(11) of the 

22 Elementary and Secondary Education Act 

23 of 1965 (20 U.S.C. 6316(b)(11)); 

24 (v) purchase instructional materials, 

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1 sional development programs, and hire ad2 ditional non-teaching staff; and 

3 (vi) support any necessary activities 

4 associated with each such school serving 

5 additional students. 

6 (D) PRIORITY.—In awarding subgrants 

7 under this section, an eligible entity shall give 

8 priority to each eligible public charter school— 

9 (i) that has significantly closed the 

10 achievement gap between the groups of 

11 students described in section 

12 1111(b)(2)(C)(v) of the Elementary and 

13 Secondary Education Act of 1965 (20 

14 U.S.C. 6311(b)(2)(C)(v)); 

15 (ii) that— 

16 (I) ranks in at least the top 25th 

17 percentile in the State, based on en18 rollment, among all students ranked 

19 by the percentage of students in the 

20 proficient or advanced level of achieve21 ment on the State’s academic assess22 ments in mathematics and reading de23 scribed in section 1111(b)(3) of the 

24 Elementary and Secondary Act of 

25 1965 (20 U.S.C. 6311(b)(3)), or has 


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1 an average student score on an exam 

2 (chosen by the Secretary) that is at 

3 least in the 60th percentile in reading 

4 and at least in the 75th percentile in 

5 math; and 

6 (II) serves a high-need student 

7 population and is eligible to partici8 pate in a schoolwide program under 

9 section 1114 of the Elementary and 

10 Secondary Education Act of 1965 (20 

11 U.S.C. 6314), with additional priority 

12 given to schools that serve a greater 

13 percentage of low-income students, as 

14 compared to other schools that have 

15 submitted an application under this 

16 section, and at least 2 groups of stu17 dents described in section 

18 1111(b)(2)(C)(v) of such Act (20 

19 U.S.C. 6311(b)(2)(C)(v)); or 

20 (iii) that meets the criteria described 

21 in clause (i) and serves low-income stu22 dents who have transferred to such school 

23 under a cooperative agreement described in 

24 section 1116(b)(11) (20 U.S.C. 

25 6316(b)(11)). 


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1 (E) DURATION OF SUBGRANT.—A 

2 subgrant under this section shall be awarded 

3 for a period of up to 5 years. 

4 (2) FACILITY FINANCING AND REVOLVING LOAN

5 FUND.—An eligible entity may use up to 20 percent 

6 of the amount of the grant funds received under this 

7 Act to establish a reserve account described in sec8 tion 7 to facilitate public charter school facility ac9 quisition and development by— 

10 (A) conducting credit enhancement initia11 tives (as referred to in subpart 2 of part B of 

12 title V of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 7223 et seq.) in 

14 support of the development of facilities for eligi15 ble public charter schools serving students; 

16 (B) establishing a revolving loan fund for 

17 use by an eligible public charter school receiving 

18 a subgrant under paragraph (1) from the eligi19 ble entity under such terms as may be deter20 mined by the eligible entity to allow such school 

21 to expand to serve additional students; 

22 (C) facilitating, through direct expenditure 

23 or financing, the acquisition or development of 

24 public charter school buildings by the eligible 

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1 ing a subgrant under paragraph (1) from the 

2 eligible entity, which may be used as both per3 manent locations for eligible public charter 

4 schools or incubators for growing charter 

5 schools; or 

6 (D) establishing a partnership with 1 or 

7 more community development financial institu8 tions (as defined in section 103(5) of the Com9 munity Development Banking and Financial In10 stitutions Act of 1994 (12 U.S.C. 4702(5)) or 

11 other mission-based financial institutions to 

12 carry out the activities described in subpara13 graphs (A), (B), and (C). 

14 (3) ADMINISTRATIVE TASKS AND OUTREACH.— 

15 (A) IN GENERAL.—An eligible entity may 

16 use not more than 5 percent of the grant funds 

17 awarded under this Act to cover the administra18 tive tasks and outreach associated with carrying 

19 out paragraphs (1) and (2). 

20 (B) NONPROFIT ASSISTANCE.—In carrying 

21 out the administrative tasks and outreach de22 scribed in subparagraph (A), eligible entities 

23 may contract with an organization described in 

24 section 501(c)(3) of the Internal Revenue Code 

25 of 1986 (26 U.S.C. 501(c)(3)) and exempt from 


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1 tax under section 501(a) of such Code (26 

2 U.S.C. 501(a)). 

3 SEC. 7. RESERVE ACCOUNT. 

4 (a) IN GENERAL.—To assist eligible entities in the 

5 development of new public charter school buildings or fa6 cilities for eligible public charter schools serving students, 

7 an eligible entity receiving a grant under this Act that the 

8 entity has allocated for such purpose may, in accordance 

9 with State and local law, directly or indirectly, alone or 

10 in collaboration with others, deposit the funds received 

11 under this Act in a reserve account established and main12 tained by the eligible entity for that purpose. 

13 (b) INVESTMENT.—Funds received under this Act 

14 and deposited in the reserve account established under this 

15 section shall be invested in obligations issued or guaran16 teed by the United States or a State, or in other similarly 

17 low-risk securities. 

18 (c) REINVESTMENT OF EARNINGS.—Any earnings on 

19 funds received under this section shall be deposited in the 

20 reserve account established under this section and used 

21 in accordance with the purpose described in subsection (a). 

22 (d) RECOVERY OF FUNDS.— 

23 (1) IN GENERAL.—The Secretary, in accord24 ance with chapter 37 of title 31, United States 

25 Code, shall collect— 


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1 (A) all funds in a reserve account estab2 lished by an eligible entity under this section if 

3 the Secretary determines, not earlier than 2 

4 years after the date the eligible entity first re5 ceived funds under this Act, that the eligible en6 tity has failed to make substantial progress car7 rying out the purpose described in subsection 

8 (a); or 

9 (B) all or a portion of the funds in a re10 serve account established by an eligible entity 

11 under this section if the Secretary determines 

12 that the eligible entity has permanently ceased 

13 to use all or a portion of funds in such account 

14 to accomplish the purpose described in sub15 section (a). 

16 (2) EXERCISE OF AUTHORITY.—The Secretary 

17 shall not exercise the authority provided in para18 graph (1) to collect from any eligible entity any 

19 funds that are being properly used to achieve such 

20 purpose. 

21 (3) PROCEDURES.—Sections 451, 452, and 458 

22 of the General Education Provisions Act (20 U.S.C. 

23 1234; 1234a; 1234g) shall apply to the recovery of 

24 funds under paragraph (1). 


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1 (4) CONSTRUCTION.—This subsection shall not 

2 be construed to impair or affect the authority of the 

3 Secretary to recover funds under part D of the Gen4 eral Education Provisions Act (20 U.S.C. 1234 et 

5 seq.). 

6 (e) REALLOCATION.—Any funds collected by the Sec7 retary under subsection (d) shall be awarded to eligible 

8 entities receiving grants under this Act in the next fiscal 

9 year. 

10 SEC. 8. FINANCIAL RESPONSIBILITY. 

11 The financial records of each eligible entity and eligi12 ble public charter school receiving a grant or subgrant 

13 under this Act shall be maintained in accordance with gen14 erally accepted accounting principles and shall be subject 

15 to an annual audit by an independent public accountant. 

16 SEC. 9. NATIONAL EVALUATION. 

17 (a) NATIONAL EVALUATION.—From the amounts ap18 propriated under section 13, not sooner than 3 years after 

19 the date of the enactment of this Act, the Secretary shall 

20 conduct an independent, comprehensive, and scientifically 

21 sound evaluation, by grant or contract and using the high22 est quality research design available, of the impact on stu23 dent achievement of the activities carried out under this 

24 Act. 


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1 (b) REPORT.—Not later than 4 years after the date 

2 of the enactment of this Act, and biannually thereafter, 

3 the Secretary shall submit to Congress a report on the 

4 results of the evaluation described in subsection (a). 

5 SEC. 10. REPORTS. 

6 Each eligible entity receiving a grant under this Act 

7 shall prepare and submit to the Secretary the following: 

8 (1) REPORT.—A report that contains such in9 formation as the Secretary may require concerning 

10 use of the grant funds by the eligible entity, includ11 ing the academic achievement of the students at12 tending eligible public charter schools as a result of 

13 the grant. Such report shall be submitted before the 

14 end of the 4-year period beginning on the date of en15 actment of this Act and every 2 years thereafter. 

16 (2) PERFORMANCE INFORMATION.—Such per17 formance information as the Secretary may require 

18 for the national evaluation conducted under section 

19 10(a). 

20 SEC. 11. REGULATIONS. 

21 The Secretary is authorized to prescribe regulations 

22 necessary to implement this Act. 

23 SEC. 12. DEFINITIONS. 

24 In this Act, the following definitions apply: 


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1 (1) ADEQUATE YEARLY PROGRESS.—The term 

2 ‘‘adequate yearly progress’’ has the meaning given 

3 such term in a State’s plan under section 

4 1111(b)(2)(C) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6311(b)(2)). 

6 (2) ADMINISTRATIVE TASKS AND OUTREACH.— 

7 The term ‘‘administrative tasks and outreach’’ in8 cludes costs and activities associated with— 

9 (A) recruiting and selecting students to at10 tend eligible public charter schools; 

11 (B) outreach to parents of students en12 rolled in identified schools or schools with low 

13 graduation rates; 

14 (C) providing information to such parents 

15 and school officials at such schools regarding el16 igible public charter schools receiving subgrants 

17 under this Act; and 

18 (D) necessary oversight of the grant pro19 gram. 

20 (3) AUTHORIZED PUBLIC CHARTERING AGEN21 CY.—The term ‘‘authorized public chartering agen22 cy’’ has the meaning given such term under section 

23 5210(4) of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7221i(4)). 


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1 (4) CHARTER SCHOOL.—The term ‘‘charter 

2 school’’ has the meaning given such term under sec3 tion 5210(1) of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 7221i(1)) and shall 

5 include dual language charter schools and charter 

6 schools providing pre-kindergarten and adult edu7 cation services. 

8 (5) DEVELOPER.—The term ‘‘developer’’ has 

9 the meaning given such term under section 5210(2) 

10 of the Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 7221i(2))). 

12 (6) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) a State educational agency; 

15 (B) an authorized public chartering agen16 cy; 

17 (C) a local educational agency that has au18 thorized or is planning to authorize a public 

19 charter school; or 

20 (D) an organization— 

21 (i) described in section 501(c)(3) of 

22 the Internal Revenue Code of 1986 (26 

23 U.S.C. 501(c)(3)); 


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1 (ii) exempt from tax under section 

2 501(a) of such Code (26 U.S.C. 501(a)); 

3 and 

4 (iii) that has an organizational mis5 sion and record of success supporting the 

6 replication and expansion of high-quality 

7 charter schools. 

8 (7) ELIGIBLE PUBLIC CHARTER SCHOOL.—The 

9 term ‘‘eligible public charter school’’ means a char10 ter school, including a charter school that is being 

11 developed by a developer— 

12 (A) that has made adequate yearly 

13 progress for the last 2 consecutive school years; 

14 and 

15 (B) if a high school, that has met or ex16 ceeded the most recent graduation rate identi17 fied by the State receiving a grant under this 

18 Act for the purposes of defining adequate yearly 

19 progress in such State under section 

20 1111(b)(2)(C) the Elementary and Secondary 

21 Act of 1965 (20 U.S.C. 6311(b)(2)(C)). 

22 (8) IDENTIFIED SCHOOL.—The term ‘‘identified 

23 school’’ means a school identified for school improve24 ment, corrective action, or restructuring under secVerDate Nov 24 2008 07:27 Dec 18, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4330.IH H4330

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1 tion 1116(b) of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6316(b)). 

3 (9) LOCAL EDUCATIONAL AGENCY.—The term 

4 ‘‘local educational agency’’— 

5 (A) has the meaning given such term in 

6 section 9101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7801); and 

8 (B) includes any charter school that is a 

9 local educational agency (as defined in subpara10 graph (A)), as determined by State law. 

11 (10) LOW-INCOME STUDENT.—The term ‘‘low12 income student’’ means a student eligible for free or 

13 reduced priced lunches under the Richard B. Russell 

14 National School Lunch Act (42 U.S.C. 1751 et seq.) 

15 (11) GRADUATION RATE.—The term ‘‘gradua16 tion rate’’ has the meaning given the term in section 

17 1111 (b)(2)(C)(vi) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 

19 6311(b)(2)(C)(vi)), as clarified in section 

20 200.19(b)(1) of title 34, Code of Federal Regula21 tions. 

22 (12) 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 (13) SECRETARY.—The tem ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (14) STATE.—The term ‘‘State’’ means each of 

4 the several States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, the United States 

6 Virgin Islands, Guam, American Samoa, the Com7 monwealth of the Northern Mariana Islands, and 

8 the Bureau of Indian Affairs for purposes of serving 

9 schools funded by the Bureau. 

10 (15) STATE EDUCATIONAL AGENCY.—The term 

11 ‘‘State educational agency’’ has the meaning given 

12 such term in section 9101 of the Elementary and 

13 Secondary Education Act of 1965 (20 U.S.C. 7801). 

14 (16) TRADITIONAL PUBLIC SCHOOL.—The term 

15 ‘‘traditional public school’’ does not include charter 

16 schools as defined under section 5210(1) of the Ele17 mentary and Secondary Education Act of 1965 (20 

18 U.S.C. 7221i(1)). 

19 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to carry out 

21 this Act $500,000,000 for fiscal year 2010 and such sums 

22 as may be necessary for each of the 5 succeeding fiscal 

23 years. 

Æ 


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