II 

112TH CONGRESS 

1ST SESSION S. 809 

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 

APRIL 13, 2011 

Mr. DURBIN (for himself, Mr. KIRK, and Ms. LANDRIEU) 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 2011’’ or ‘‘All-STAR Act of 2011’’. 

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— 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 809 IS

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 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 809 IS

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 openings for new stu10 dents that could be created in such schools with 

11 such grant; 

12 ‘‘(C) the number of students eligible for 

13 free or reduced price lunches under the Richard 

14 B. Russell National School Lunch Act (42 

15 U.S.C. 1751 et seq.) who are on waiting lists 

16 for charter schools under the jurisdiction or in 

17 the service area of the eligible entity, and other 

18 information with respect to charter schools in 

19 such jurisdiction or service area that suggest 

20 the interest of parents in charter school enroll21 ment for their children; 

22 ‘‘(D) the number of students attending 

23 identified schools or schools with a low gradua24 tion rate in the State or area where an eligible 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 809 IS

1 entity intends to replicate or expand eligible 

2 public charter schools; and 

3 ‘‘(E) the success of the eligible entity in 

4 overseeing public charter schools and the likeli5 hood of continued or increased success because 

6 of the grant under this section. 

7 ‘‘(3) DURATION OF GRANTS.—A grant under 

8 this section shall be for a period of not more than 

9 3 years, except that an eligible entity receiving such 

10 grant may, at the discretion of the Secretary, con11 tinue to expend grant funds after the end of the 

12 grant period. An eligible entity that has received a 

13 grant under this section may receive subsequent 

14 grants under this section. 

15 ‘‘(c) APPLICATION REQUIREMENTS.— 

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

17 considered for a grant under this section, an eligible 

18 entity shall submit an application to the Secretary at 

19 such time, in such manner, and containing such in20 formation as the Secretary may require. 

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

22 paragraph (1) shall include, at a minimum, the fol23 lowing: 

24 ‘‘(A) RECORD OF SUCCESS.—Documenta25 tion of the record of success of the eligible entiVerDate Mar 15 2010 18:06 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S809.IS S809

srobinson on DSKHWCL6B1PROD with BILLS
5 

•S 809 IS

1 ty in overseeing or operating public charter 

2 schools, including— 

3 ‘‘(i) the performance of the students 

4 of such public charter schools on the stu5 dent academic assessments described in 

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

7 school is located (including a measurement 

8 of the students’ average academic longitu9 dinal growth at each such school, if such 

10 measurement is required by a Federal or 

11 State law applicable to the entity), 

12 disaggregated by— 

13 ‘‘(I) economic disadvantage; 

14 ‘‘(II) race and ethnicity; 

15 ‘‘(III) disability status; and 

16 ‘‘(IV) status as a student with 

17 limited English proficiency; 

18 ‘‘(ii) the status of such schools under 

19 section 1116 in making adequate yearly 

20 progress or as identified schools; 

21 ‘‘(iii) documentation of demonstrated 

22 success by such public charter schools in 

23 closing historic achievement gaps between 

24 groups of students; and 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•S 809 IS

1 ‘‘(iv) in the case of such public char2 ter schools that are secondary schools, the 

3 graduation rates and rates of student ac4 ceptance, enrollment, and persistence in in5 stitutions of higher education, where pos6 sible. 

7 ‘‘(B) PLAN.—A plan for— 

8 ‘‘(i) replicating and expanding eligible 

9 public charter schools operated or overseen 

10 by the eligible entity; 

11 ‘‘(ii) identifying eligible public charter 

12 schools, or networks of eligible public char13 ter schools, to receive subgrants under this 

14 section; 

15 ‘‘(iii) increasing the number of open16 ings in eligible public charter schools for 

17 students attending identified schools and 

18 schools with a low graduation rate; 

19 ‘‘(iv) ensuring that eligible public 

20 charter schools receiving a subgrant under 

21 this section enroll students through a ran22 dom lottery for admission, unless the char23 ter school is using the subgrant to expand 

24 the school to serve additional grades, in 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•S 809 IS

1 which case such school may reserve seats 

2 in the additional grades for— 

3 ‘‘(I) each student enrolled in the 

4 grade preceding each such additional 

5 grade; 

6 ‘‘(II) siblings of students enrolled 

7 in the charter school, if such siblings 

8 desire to enroll in such grade; and 

9 ‘‘(III) children of the charter 

10 school’s founders, staff, or employees; 

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

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

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

14 eligible entity will work with identified 

15 schools and schools with a low graduation 

16 rate that are eligible to enroll students in 

17 a public charter school receiving a 

18 subgrant under this section and that are 

19 under the eligible entity’s jurisdiction, and 

20 the local educational agencies serving such 

21 schools, to— 

22 ‘‘(aa) engage in community out23 reach, provide information in a lan24 guage that the parents can under25 stand, and communicate with parents 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•S 809 IS

1 of students at identified schools and 

2 schools with a low graduation rate 

3 who are eligible to attend a public 

4 charter school receiving a subgrant 

5 under this section about the oppor6 tunity to enroll in or transfer to such 

7 school, in a manner consistent with 

8 section 444 of the General Education 

9 Provisions Act (commonly known as 

10 the ‘Family Educational Rights and 

11 Privacy Act of 1974’); and 

12 ‘‘(bb) ensure that a student can 

13 transfer to an eligible public charter 

14 school if the public charter school 

15 such student was attending in the 

16 previous school year is no longer an 

17 eligible public charter school; and 

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

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

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

21 eligible entity will work with the local edu22 cational agency to carry out the activities 

23 described in items (aa) and (bb) of sub24 clause (I); 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•S 809 IS

1 ‘‘(vi) disseminating to public schools 

2 under the jurisdiction or in the service 

3 area of the eligible entity, in a manner 

4 consistent with section 444 of the General 

5 Education Provisions Act (commonly 

6 known as the ‘Family Educational Rights 

7 and Privacy Act of 1974’), the best prac8 tices, programs, or strategies learned by 

9 awarding subgrants to eligible public char10 ter schools under this section, with par11 ticular emphasis on the best practices with 

12 respect to— 

13 ‘‘(I) focusing on closing the 

14 achievement gap; or 

15 ‘‘(II) successfully addressing the 

16 education needs of low-income stu17 dents; and 

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

19 described in subsection (k)(4)(D)— 

20 ‘‘(I) supporting the short-term 

21 and long-term success of the proposed 

22 project, by— 

23 ‘‘(aa) developing a multi24 year financial and operating 

25 model for the eligible entity; and 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•S 809 IS

1 ‘‘(bb) including, with the 

2 plan, evidence of the dem3 onstrated commitment of current 

4 partners, as of the time of the 

5 application, for the proposed 

6 project and of broad support 

7 from stakeholders critical to the 

8 project’s long-term success; 

9 ‘‘(II) closing public charter 

10 schools that do not meet acceptable 

11 standards of performance; and 

12 ‘‘(III) achieving the objectives of 

13 the proposed project on time and 

14 within budget, which shall include the 

15 use of clearly defined responsibilities, 

16 timelines, and milestones for accom17 plishing project tasks. 

18 ‘‘(C) CHARTER SCHOOL INFORMATION.— 

19 The number of— 

20 ‘‘(i) eligible public charter schools that 

21 are operating in the State in which the eli22 gible entity intends to award subgrants 

23 under this section; 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•S 809 IS

1 ‘‘(ii) public charter schools approved 

2 to open or likely to open during the grant 

3 period in such State; 

4 ‘‘(iii) available openings in eligible 

5 public charter schools in such State that 

6 could be created through the replication or 

7 expansion of such schools if the grant is 

8 awarded to the eligible entity; 

9 ‘‘(iv) students on public charter school 

10 waiting lists (if such lists are available) 

11 in— 

12 ‘‘(I) the State in which the eligi13 ble entity intends to award subgrants 

14 under this section; and 

15 ‘‘(II) each local educational agen16 cy serving an eligible public charter 

17 school that may receive a subgrant 

18 under this section from the eligible 

19 entity; and 

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

21 students, in a local educational agency who 

22 are attending eligible public charter schools 

23 that may receive a subgrant under this 

24 section from the eligible entity. 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•S 809 IS

1 ‘‘(D) TRADITIONAL PUBLIC SCHOOL IN2 FORMATION.—In the case of an eligible entity 

3 described in subparagraph (A) or (C) of sub4 section (k)(4), a list of the following schools 

5 under the jurisdiction of the eligible entity, in6 cluding the name and location of each such 

7 school, the number and percentage of students 

8 under the jurisdiction of the eligible entity who 

9 are attending such school, and such demo10 graphic and socioeconomic information as the 

11 Secretary may require: 

12 ‘‘(i) Identified schools. 

13 ‘‘(ii) Schools with a low graduation 

14 rate. 

15 ‘‘(E) ASSURANCE.—In the case of an eligi16 ble entity described in subsection (k)(4)(A), an 

17 assurance that the eligible entity will include in 

18 the notifications provided under section 

19 1116(c)(6) to parents of each student enrolled 

20 in a school served by a local educational agency 

21 identified for school improvement or corrective 

22 action under paragraph (1) or (7) of section 

23 1116(c), information (in a language that the 

24 parents can understand) about the eligible pubVerDate Mar 15 2010 18:06 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S809.IS S809

srobinson on DSKHWCL6B1PROD with BILLS
13 

•S 809 IS

1 lic charter schools receiving subgrants under 

2 this 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; 


srobinson on DSKHWCL6B1PROD with BILLS
14 

•S 809 IS

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) does not have a cap that restricts 

17 the growth of public charter schools in the 

18 State; 

19 ‘‘(iii) provides funding (such as cap20 ital aid distributed through a formula or 

21 access to revenue generated bonds, and in22 cluding funding for school facilities) on a 

23 per-pupil basis to public charter schools 

24 commensurate with the amount of funding 


srobinson on DSKHWCL6B1PROD with BILLS
15 

•S 809 IS

1 (including funding for school facilities) 

2 provided to traditional public schools; 

3 ‘‘(iv) provides strong evidence of sup4 port for public charter schools and has in 

5 place innovative policies that support aca6 demically successful charter school growth; 

7 ‘‘(v) authorizes public charter schools 

8 to offer early childhood education pro9 grams, including prekindergarten, in ac10 cordance with State law; 

11 ‘‘(vi) authorizes or allows public char12 ter schools to serve as school food authori13 ties; 

14 ‘‘(vii) ensures that each public charter 

15 school in the State— 

16 ‘‘(I) has a high degree of auton17 omy over the public charter school’s 

18 budget and expenditures; 

19 ‘‘(II) has a written performance 

20 contract with an authorized public 

21 chartering agency that ensures that 

22 the school has an independent gov23 erning board with a high degree of 

24 autonomy; and 


srobinson on DSKHWCL6B1PROD with BILLS
16 

•S 809 IS

1 ‘‘(III) in the case of an eligible 

2 public charter school receiving a 

3 subgrant under this section, amends 

4 its charter to reflect the growth activi5 ties described in subsection (e); 

6 ‘‘(viii) has an appeals process for the 

7 denial of an application for a public char8 ter school; 

9 ‘‘(ix) provides that an authorized pub10 lic chartering agency that is not a local 

11 educational agency, such as a State char12 tering board, is available for each indi13 vidual or entity seeking to operate a public 

14 charter school pursuant to such State law; 

15 ‘‘(x) allows any public charter school 

16 to be a local educational agency in accord17 ance with State law; 

18 ‘‘(xi) ensures that each authorized 

19 public chartering agency in the State sub20 mits annual reports to the State edu21 cational agency, and makes such reports 

22 available to the public, on the performance 

23 of the schools authorized or approved by 

24 such public chartering agency, which re25 ports shall include— 


srobinson on DSKHWCL6B1PROD with BILLS
17 

•S 809 IS

1 ‘‘(I) the authorized public char2 tering agency’s strategic plan for au3 thorizing or approving public charter 

4 schools and any progress toward 

5 achieving the objectives of the stra6 tegic plan; 

7 ‘‘(II) the authorized public char8 tering agency’s policies for authorizing 

9 or approving public charter schools, 

10 including how such policies examine a 

11 school’s— 

12 ‘‘(aa) financial plan and 

13 policies, including financial con14 trols and audit requirements; 

15 ‘‘(bb) plan for identifying 

16 and successfully (in compliance 

17 with all applicable laws and regu18 lations) serving students with 

19 disabilities, students who are 

20 English language learners, stu21 dents who are academically be22 hind their peers, and gifted stu23 dents; and 

24 ‘‘(cc) capacity and capability 

25 to successfully launch and subseVerDate Mar 15 2010 18:06 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S809.IS S809

srobinson on DSKHWCL6B1PROD with BILLS
18 

•S 809 IS

1 quently operate a public charter 

2 school, including the backgrounds 

3 of the individuals applying to the 

4 agency to operate such school 

5 and any record of such individ6 uals operating a school; 

7 ‘‘(III) the authorized public char8 tering agency’s policies for renewing, 

9 not renewing, and revoking a public 

10 charter school’s charter, including the 

11 role of student academic achievement 

12 in such decisions; 

13 ‘‘(IV) the authorized public char14 tering agency’s transparent, timely, 

15 and effective process for closing down 

16 academically unsuccessful public char17 ter schools; 

18 ‘‘(V) the academic performance 

19 of each operating public charter 

20 school authorized or approved by the 

21 authorized public chartering agency, 

22 including the information reported by 

23 the State in the State annual report 

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

25 such school; 


srobinson on DSKHWCL6B1PROD with BILLS
19 

•S 809 IS

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 


srobinson on DSKHWCL6B1PROD with BILLS
20 

•S 809 IS

1 of the actual costs of such services; 

2 and 

3 ‘‘(xii) 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. 


srobinson on DSKHWCL6B1PROD with BILLS
21 

•S 809 IS

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.—To award subgrants, 

11 in such amount as the eligible entity determines 

12 is appropriate, to eligible public charter schools 

13 to replicate or expand such schools. 

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

15 charter school desiring to receive a subgrant 

16 under this subsection shall submit an applica17 tion to the eligible entity at such time, in such 

18 manner, and containing such information as the 

19 eligible entity may require. 

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

21 charter school receiving a subgrant under this 

22 subsection shall use the subgrant funds to pro23 vide for an increase in the school’s enrollment 

24 of students through the replication or expansion 


srobinson on DSKHWCL6B1PROD with BILLS
22 

•S 809 IS

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); 

16 ‘‘(iv) purchase instructional materials, 

17 implement teacher and principal profes18 sional development programs, and hire ad19 ditional non-teaching staff; and 

20 ‘‘(v) support any necessary activities 

21 associated with the school carrying out the 

22 purposes of this section. 

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

24 under this subsection, an eligible entity shall 


srobinson on DSKHWCL6B1PROD with BILLS
23 

•S 809 IS

1 give priority to an eligible public charter 

2 school— 

3 ‘‘(i) that has significantly closed any 

4 achievement gap on the State academic as5 sessments described in section 1111(b)(3) 

6 among the groups of students described in 

7 section 1111(b)(2)(C)(v) by improving 

8 scores; 

9 ‘‘(ii) that— 

10 ‘‘(I)(aa) ranks in at least the top 

11 25th percentile of the schools in the 

12 State, as ranked by the percentage of 

13 students in the proficient or advanced 

14 level of achievement on the State aca15 demic assessments in mathematics 

16 and reading or language arts de17 scribed in section 1111(b)(3); or 

18 ‘‘(bb) has an average student 

19 score on an examination (chosen by 

20 the Secretary) that is at least in the 

21 60th percentile in reading and at least 

22 in the 75th percentile in mathematics; 

23 and 

24 ‘‘(II) serves a high-need student 

25 population and is eligible to particiVerDate Mar 15 2010 18:06 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S809.IS S809

srobinson on DSKHWCL6B1PROD with BILLS
24 

•S 809 IS

1 pate in a schoolwide program under 

2 section 1114, with additional priority 

3 given to schools that serve, as com4 pared to other schools that have sub5 mitted an application under this sub6 section— 

7 ‘‘(aa) a greater percentage 

8 of low-income students; and 

9 ‘‘(bb) a greater percentage 

10 of not less than 2 groups of stu11 dents described in section 

12 1111(b)(2)(C)(v)(II); and 

13 ‘‘(iii) that meets the criteria described 

14 in clause (i) and serves low-income stu15 dents who have transferred to such school 

16 under a cooperative agreement described in 

17 section 1116(b)(11). 

18 ‘‘(E) DURATION OF SUBGRANT.—A 

19 subgrant under this subsection shall be awarded 

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

21 that an eligible public charter school receiving a 

22 subgrant under this subsection may, at the dis23 cretion of the eligible entity, continue to expend 

24 subgrant funds after the end of the subgrant 

25 period. 


srobinson on DSKHWCL6B1PROD with BILLS
25 

•S 809 IS

1 ‘‘(2) FACILITY FINANCING AND REVOLVING

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

3 than 25 percent of the amount of the grant funds 

4 received under this section to establish a reserve ac5 count described in subsection (f) to facilitate public 

6 charter school facility acquisition and development 

7 by— 

8 ‘‘(A) conducting credit enhancement initia9 tives (as referred to in subpart 2) in support of 

10 the development of facilities for eligible public 

11 charter schools serving students; 

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

13 use by an eligible public charter school receiving 

14 a subgrant under this subsection from the eligi15 ble entity under such terms as may be deter16 mined by the eligible entity to allow such school 

17 to expand to serve additional students; 

18 ‘‘(C) facilitating, through direct expendi19 ture or financing, the acquisition or develop20 ment of public charter school buildings by the 

21 eligible entity or an eligible public charter 

22 school receiving a subgrant under this sub23 section from the eligible entity, which may be 

24 used as both permanent locations for eligible 


srobinson on DSKHWCL6B1PROD with BILLS
26 

•S 809 IS

1 public charter schools or incubators for growing 

2 charter schools; or 

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

4 more community development financial institu5 tions (as defined in section 103 of the Commu6 nity Development Banking and Financial Insti7 tutions Act of 1994 (12 U.S.C. 4702)) or other 

8 mission-based financial institutions to carry out 

9 the activities described in subparagraphs (A), 

10 (B), and (C). 

11 ‘‘(3) ADMINISTRATIVE TASKS, DISSEMINATION

12 ACTIVITIES, AND OUTREACH.— 

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

14 use not more than 7.5 percent of the grant 

15 funds awarded under this section to cover ad16 ministrative tasks, dissemination activities, and 

17 outreach. 

18 ‘‘(B) NONPROFIT ASSISTANCE.—In car19 rying out the administrative tasks, dissemina20 tion activities, and outreach described in sub21 paragraph (A), an eligible entity may contract 

22 with an organization described in section 

23 501(c)(3) of the Internal Revenue Code of 1986 

24 (26 U.S.C. 501(c)(3)) and exempt from tax 


srobinson on DSKHWCL6B1PROD with BILLS
27 

•S 809 IS

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

2 501(a)). 

3 ‘‘(f) RESERVE ACCOUNT.— 

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

5 the development of new public charter school build6 ings or facilities for eligible public charter schools, 

7 an eligible entity receiving a grant under this section 

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

9 or indirectly, alone or in collaboration with others, 

10 deposit the amount of funds described in subsection 

11 (e)(2) in a reserve account established and main12 tained by the eligible entity. 

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

14 section and deposited in the reserve account estab15 lished under this subsection shall be invested in obli16 gations issued or guaranteed by the United States or 

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

18 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn19 ings on funds received under this subsection shall be 

20 deposited in the reserve account established under 

21 this section and used in accordance with the purpose 

22 described in subsection (a). 

23 ‘‘(4) RECOVERY OF FUNDS.— 


srobinson on DSKHWCL6B1PROD with BILLS
28 

•S 809 IS

1 ‘‘(A) IN GENERAL.—The Secretary, in ac2 cordance with chapter 37 of title 31, United 

3 States Code, shall collect— 

4 ‘‘(i) all funds in a reserve account es5 tablished by an eligible entity under this 

6 subsection if the Secretary determines, not 

7 earlier than 2 years after the date the eli8 gible entity first received funds under this 

9 section, that the eligible entity has failed to 

10 make substantial progress carrying out the 

11 purpose described in paragraph (1); or 

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

13 a reserve account established by an eligible 

14 entity under this subsection if the Sec15 retary determines that the eligible entity 

16 has permanently ceased to use all or a por17 tion of funds in such account to accomplish 

18 the purpose described in paragraph (1). 

19 ‘‘(B) EXERCISE OF AUTHORITY.—The Sec20 retary shall not exercise the authority provided 

21 under subparagraph (A) to collect from any eli22 gible entity any funds that are being properly 

23 used to achieve such purpose. 

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

25 and 458 of the General Education Provisions 


srobinson on DSKHWCL6B1PROD with BILLS
29 

•S 809 IS

1 Act shall apply to the recovery of funds under 

2 subparagraph (A). 

3 ‘‘(D) CONSTRUCTION.—This paragraph 

4 shall not be construed to impair or affect the 

5 authority of the Secretary to recover funds 

6 under part D of the General Education Provi7 sions Act. 

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

9 the Secretary under paragraph (4) shall be awarded 

10 to eligible entities receiving grants under this section 

11 in the next fiscal year. 

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

13 records of each eligible entity and eligible public charter 

14 school receiving a grant or subgrant, respectively, under 

15 this section shall be maintained in accordance with gen16 erally accepted accounting principles and shall be subject 

17 to an annual audit by an independent public accountant. 

18 ‘‘(h) NATIONAL EVALUATION.— 

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

20 amounts appropriated under section 5200, the Sec21 retary shall conduct an independent, comprehensive, 

22 and scientifically sound evaluation, by grant or con23 tract and using the highest quality research design 

24 available, of the impact of the activities carried out 

25 under this section on— 


srobinson on DSKHWCL6B1PROD with BILLS
30 

•S 809 IS

1 ‘‘(A) student achievement, including State 

2 standardized assessment scores and, if avail3 able, student academic longitudinal growth (as 

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

5 such assessments; and 

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

7 Secretary. 

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

9 date of the enactment of the All Students Achieving 

10 through Reform Act of 2011, and biannually there11 after, the Secretary shall submit to Congress a re12 port on the results of the evaluation described in 

13 paragraph (1). 

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

15 under this section shall prepare and submit to the Sec16 retary the following: 

17 ‘‘(1) REPORT.—A report that contains such in18 formation as the Secretary may require concerning 

19 use of the grant funds by the eligible entity, includ20 ing the academic achievement of the students at21 tending eligible public charter schools as a result of 

22 the grant. Such report shall be submitted before the 

23 end of the 3-year period beginning on the date of en24 actment of the All Students Achieving through Re25 form Act of 2011 and every 2 years thereafter. 


srobinson on DSKHWCL6B1PROD with BILLS
31 

•S 809 IS

1 ‘‘(2) PERFORMANCE INFORMATION.—Such per2 formance information as the Secretary may require 

3 for the national evaluation conducted under sub4 section (h)(1). 

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

6 5201 through 5209 shall not apply to the program under 

7 this section. 

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

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

10 ‘adequate yearly progress’ has the meaning given 

11 such term in a State’s plan in accordance with sec12 tion 1111(b)(2)(C). 

13 ‘‘(2) ADMINISTRATIVE TASKS, DISSEMINATION

14 ACTIVITIES, AND OUTREACH.—The term ‘adminis15 trative tasks, dissemination activities, and outreach’ 

16 includes costs and activities associated with— 

17 ‘‘(A) recruiting and selecting students to 

18 attend eligible public charter schools; 

19 ‘‘(B) outreach to parents of students en20 rolled in identified schools or schools with low 

21 graduation rates; 

22 ‘‘(C) providing information to such parents 

23 and school officials at such schools regarding el24 igible public charter schools receiving subgrants 

25 under this section; 


srobinson on DSKHWCL6B1PROD with BILLS
32 

•S 809 IS

1 ‘‘(D) necessary oversight of the grant pro2 gram under this section; and 

3 ‘‘(E) initiatives and activities to dissemi4 nate the best practices, programs, or strategies 

5 learned in eligible public charter schools to 

6 other public schools operating in the State 

7 where the eligible entity intends to award sub8 grants under this section. 

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

10 school’ means— 

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

12 5211(1); or 

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

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

15 the section, and provides prekindergarten or 

16 adult education services. 

17 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) a State educational agency; 

20 ‘‘(B) an authorized public chartering agen21 cy; 

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

23 authorized or is planning to authorize a public 

24 charter school; or 


srobinson on DSKHWCL6B1PROD with BILLS
33 

•S 809 IS

1 ‘‘(D) an organization, including a non2 profit charter management organization, that 

3 has an organizational mission and record of 

4 success supporting the replication and expan5 sion of high-quality charter schools and is— 

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

7 the Internal Revenue Code of 1986 (26 

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

9 ‘‘(ii) exempt from tax under section 

10 501(a) of such Code (26 U.S.C. 501(a)). 

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

12 The term ‘eligible public charter school’ means a 

13 charter school, including a public charter school that 

14 is being developed by a developer, that— 

15 ‘‘(A) has made adequate yearly progress 

16 for 2 of the last 3 consecutive school years; and 

17 ‘‘(B) in the case of a public charter school 

18 that is a secondary school, has, for the most re19 cent school year for which data is available, met 

20 or exceeded the graduation rate required by the 

21 State in order to make adequate yearly progress 

22 for such year. 

23 ‘‘(6) GRADUATION RATE.—The term ‘gradua24 tion rate’ has the meaning given the term in section 

25 1111(b)(2)(C)(vi), as clarified in section 


srobinson on DSKHWCL6B1PROD with BILLS
34 

•S 809 IS

1 200.19(b)(1) of title 34, Code of Federal Regula2 tions. 

3 ‘‘(7) IDENTIFIED SCHOOL.—The term ‘identi4 fied school’ means a school identified for school im5 provement, corrective action, or restructuring under 

6 paragraph (1), (7), or (8) of section 1116(b). 

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

8 ‘local educational agency’ includes any charter school 

9 that is a local educational agency, as determined by 

10 State law. 

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

13 reduced price lunches under the Richard B. Russell 

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

15 seq.). 

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

17 ‘school food authority’ has the meaning given the 

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

19 Regulations (or any corresponding similar regulation 

20 or ruling). 

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

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

23 the Richard B. Russell National School Lunch Act 

24 (42 U.S.C. 1760(d)). 


srobinson on DSKHWCL6B1PROD with BILLS
35 

•S 809 IS

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 2012 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— 


srobinson on DSKHWCL6B1PROD with BILLS
36 

•S 809 IS

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 of 

14 the Elementary and Secondary Education Act of 1965 is 

15 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 


srobinson on DSKHWCL6B1PROD with BILLS
37 

•S 809 IS

1 (4) by striking the item relating to section 

2 5231. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS