Calendar No. 540

105TH CONGRESS

2D SESSION S. 1380

[Report No. 105–301]

A BILL

To amend the Elementary and Secondary

Education Act of 1965 regarding charter schools.

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported with an amendment
II

Calendar No. 540

105TH CONGRESS

2D SESSION S. 1380

[Report No. 105–301]

To amend the Elementary and Secondary Education Act of 1965 regarding

charter schools.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 5, 1997

Mr. COATS (for himself, Mr. LIEBERMAN, Mr. D’AMATO, Mr. KERREY, and

Ms. LANDRIEU) introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported by Mr. JEFFORDS with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Elementary and Secondary Education Act

of 1965 regarding charter schools.

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 ‘‘Charter School Expan5 sion Act of 1997’’.
2

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1 SEC. 2. INNOVATIVE CHARTER SCHOOLS.

2 Title VI of the Elementary and Secondary Education

3 Act of 1965 (20 U.S.C. 7301 et seq.) is amended—

4 (1) in section 6201(a) (20 U.S.C. 7331(a))—

5 (A) in paragraph (1)(C), by striking ‘‘and’’

6 after the semicolon;

7 (B) by redesignating paragraph (2) as

8 paragraph (3); and

9 (C) by inserting after paragraph (1) the

10 following:

11 ‘‘(2) support for planning, designing, and initial

12 implementation of charter schools as described in

13 part C of title X; and’’; and

14 (2) in section 6301(b) (20 U.S.C. 7351(b))—

15 (A) in paragraph (7), by striking ‘‘and’’

16 after the semicolon;

17 (B) by redesignating paragraph (8) as

18 paragraph (9); and

19 (C) by inserting after paragraph (7) the

20 following:

21 ‘‘(8) planning, designing, and initial implemen22 tation of charter schools as described in part C of

23 title X; and’’.
3

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1 SEC. 3. CHARTER SCHOOLS.

2 (a) PURPOSE.—Section 10301(b) of the Elementary

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

4 8061(b)) is amended—

5 (1) in paragraph (1), by striking ‘‘and’’ after

6 the semicolon;

7 (2) in paragraph (2), by striking the period and

8 inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(3) expanding the number of high-quality

11 charter schools available to students across the Na12 tion.’’.

13 (b) CRITERIA FOR PRIORITY TREATMENT.—Section

14 10302 of such Act of 1965 (20 U.S.C. 8062) is amended

15 by adding at the end the following:

16 ‘‘(e) PRIORITY TREATMENT.—

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) FISCAL YEARS 1998, 1999, AND 2000.—

19 In awarding grants under this part for any of

20 the fiscal years 1998, 1999, and 2000 from

21 funds appropriated under section 10311 that

22 are in excess of $51,000,000 for the fiscal year,

23 the Secretary shall give priority to States to the

24 extent that the States meet 1 or more of the

25 criteria described in paragraph (2).
4

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1 ‘‘(B) SUCCEEDING FISCAL YEARS.—In

2 awarding grants under this part for fiscal year

3 2001 or any succeeding fiscal year from any

4 funds appropriated under section 10311, the

5 Secretary shall give priority to States to the ex6 tent that the States meet 1 or more of the cri7 teria described in paragraph (2).

8 ‘‘(2) PRIORITY CRITERIA.—The criteria referred

9 to in paragraph (1) are as follows:

10 ‘‘(A) The State has demonstrated signifi11 cant progress in increasing the number of char12 ter schools in the period prior to the period for

13 which a State educational agency or eligible ap14 plicant applies for a grant under this part.

15 ‘‘(B) The State law regarding charter

16 schools—

17 ‘‘(i) provides for at least 1 authorized

18 public chartering agency that is not a local

19 educational agency for each individual or

20 entity seeking to operate a charter school

21 pursuant to such State law; or

22 ‘‘(ii) in the case of a State in which

23 local educational agencies are the only au24 thorized public chartering agencies, allows
5

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1 for an appeals process for the denial of an

2 application for a charter school.

3 ‘‘(C) The State law regarding charter

4 schools provides for the automatic waiver of

5 most State and local education laws and regula6 tions, except those laws and regulations related

7 to health, safety, and civil rights.

8 ‘‘(D) The State law regarding charter

9 schools provides for periodic review and evalua10 tion by the authorized public chartering agency

11 of each charter school to determine whether the

12 charter school is meeting or exceeding the aca13 demic performance requirements and goals for

14 charter schools as set forth under State law or

15 the school’s charter.

16 ‘‘(f) AMOUNT CRITERIA.—In determining the amount

17 of a grant to be awarded under this part to a State edu18 cational agency, the Secretary shall take into consider19 ation the number of charter schools that will be created

20 under this part in the State.’’.

21 (c) APPLICATIONS.—Section 10303(b) of such Act

22 (20 U.S.C. 8063(b)) is amended—

23 (1) by redesignating paragraph (2) as para24 graph (3); and
6

•S 1380 RS

1 (2) by inserting after paragraph (1) the follow2 ing:

3 ‘‘(2) describe how the State educational agen4 cy—

5 ‘‘(A) will inform each charter school in the

6 State regarding—

7 ‘‘(i) Federal funds that the charter

8 school is eligible to receive; and

9 ‘‘(ii) Federal programs in which the

10 charter school may participate;

11 ‘‘(B) will ensure that each charter school

12 in the State receives the charter school’s com13 mensurate share of Federal education funds

14 that are allocated by formula; and

15 ‘‘(C) will disseminate best or promising

16 practices of charter schools to each local edu17 cational agency in the State; and’’.

18 (d) NATIONAL ACTIVITIES.—Section 10305 of such

19 Act (20 U.S.C. 8065) is amended to read as follows:

20 ‘‘SEC. 10305. NATIONAL ACTIVITIES.

21 ‘‘The Secretary shall reserve for each fiscal year the

22 lesser of 5 percent of the amount appropriated to carry

23 out this part for the fiscal year or $5,000,000, to carry

24 out the following activities:
7

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1 ‘‘(1) To provide charter schools, either directly

2 or through State educational agencies, with—

3 ‘‘(A) information regarding—

4 ‘‘(i) Federal funds that charter

5 schools are eligible to receive; and

6 ‘‘(ii) other Federal programs in which

7 charter schools may participate; and

8 ‘‘(B) assistance in applying for Federal

9 education funds that are allocated by formula,

10 including assistance with filing deadlines and

11 submission of applications.

12 ‘‘(2) To provide for the completion of the 4-year

13 national study (which began in 1995) of charter

14 schools.

15 ‘‘(3) To provide—

16 ‘‘(A) information to applicants for assist17 ance under this part;

18 ‘‘(B) assistance to applicants for assistance

19 under this part with the preparation of applica20 tions under section 10303;

21 ‘‘(C) assistance in the planning and start22 up of charter schools;

23 ‘‘(D) training and technical assistance to

24 existing charter schools;
8

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1 ‘‘(E) information to applicants and charter

2 schools regarding gaining access to private cap3 ital to support charter schools; and

4 ‘‘(F) for the dissemination of best or prom5 ising practices in charter schools to other public

6 schools.’’.

7 (e) COMMENSURATE TREATMENT; RECORDS TRANS8 FER; PAPERWORK REDUCTION.—Part C of title X of such

9 Act (20 U.S.C. 8061 et seq.) is amended—

10 (1) by redesignating sections 10306 and 10307

11 as sections 10310 and 10311, respectively; and

12 (2) by inserting after section 10305 the follow13 ing:

14 ‘‘SEC. 10306. FEDERAL FORMULA ALLOCATION DURING

15 FIRST YEAR AND FOR SUCCESSIVE ENROLL16 MENT EXPANSIONS.

17 ‘‘For purposes of the allocation to schools by the

18 States or their agencies of funds under part A of title I,

19 and any other Federal funds which the Secretary allocates

20 to States on a formula basis, the Secretary and each State

21 educational agency shall take such measures not later

22 than 6 months after the date of enactment of the Charter

23 School Expansion Act of 1997 as are necessary to ensure

24 that every charter school receives the Federal funding for

25 which the charter school is eligible not later than 5 months
9

•S 1380 RS

1 after the charter school first opens, notwithstanding the

2 fact that the identity and characteristics of the students

3 enrolling in that charter school are not fully and com4 pletely determined until that charter school actually opens.

5 The measures similarly shall ensure that every charter

6 school expanding its enrollment in any subsequent year

7 of operation receives the Federal funding for which the

8 charter school is eligible not later than 5 months after

9 such expansion.

10 ‘‘SEC. 10307. SOLICITATION OF INPUT FROM CHARTER

11 SCHOOL OPERATORS.

12 ‘‘To the extent practicable, the Secretary shall ensure

13 that administrators, teachers, and other individuals di14 rectly involved in the operation of charter schools are con15 sulted in the development of any rules or regulations re16 quired to implement this part, as well as in the develop17 ment of any rules or regulations relevant to charter

18 schools that are required to implement part A of title I

19 of the Elementary and Secondary Education Act of 1965

20 (20 U.S.C. 6311 et seq.), the Individuals with Disabilities

21 Education Act (20 U.S.C. 1400 et seq.), or any other pro22 gram administered by the Secretary that provides edu23 cation funds to charter schools or regulates the activities

24 of charter schools.
10

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1 ‘‘SEC. 10308. RECORDS TRANSFER.

2 ‘‘State educational agencies and local educational

3 agencies, to the extent practicable, shall ensure that a stu4 dent’s records and, if applicable, a student’s individualized

5 education program as defined in section 602(11) of the

6 Individuals with Disabilities Education Act (20 U.S.C.

7 1401(11)), are transferred to a charter school upon the

8 transfer of the student to the charter school, in accordance

9 with applicable State law.

10 ‘‘SEC. 10309. PAPERWORK REDUCTION.

11 ‘‘To the extent practicable, the Secretary and each

12 authorized public chartering agency shall ensure that im13 plementation of this part results in a minimum of paper14 work for any eligible applicant or charter school.’’.

15 (f) PART C DEFINITIONS.—Section 10310(1) of such

16 Act (as redesignated by subsection (e)(1)) (20 U.S.C.

17 8066(1)) is amended—

18 (1) in subparagraph (A), by striking ‘‘an ena19 bling statute’’ and inserting ‘‘a specific State statute

20 authorizing the granting of charters to schools’’;

21 (2) in subparagraph (H), by inserting ‘‘is a

22 school to which parents choose to send their chil23 dren, and that’’ before ‘‘admits’’;

24 (3) in subparagraph (J), by striking ‘‘and’’

25 after the semicolon;
11

•S 1380 RS

1 (4) in subparagraph (K), by striking the period

2 and inserting ‘‘; and’’; and

3 (5) by adding at the end the following:

4 ‘‘(L) has a written performance contract

5 with the authorized public chartering agency in

6 the State.’’.

7 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

8 10311 of such Act (as redesignated by subsection (e)(1))

9 (20 U.S.C. 8067) is amended by striking ‘‘$15,000,000

10 for fiscal year 1995’’ and inserting ‘‘$100,000,000 for fis11 cal year 1998’’.

12 (h) TITLE XIV DEFINITIONS.—Section 14101 of

13 such Act (20 U.S.C. 8801) is amended—

14 (1) in paragraph (14), by inserting ‘‘, including

15 a public elementary charter school,’’ after ‘‘residen16 tial school’’; and

17 (2) in paragraph (25), by inserting ‘‘, including

18 a public secondary charter school,’’ after ‘‘residential

19 school’’.

20 (i) CONFORMING AMENDMENT.—The matter preced21 ing paragraph (1) of section 10304(e) of such Act (20

22 U.S.C. 8064(e)) is amended by striking ‘‘10306(1)’’ and

23 inserting ‘‘10310(1)’’.
12

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Charter School Expan3 sion Act of 1998’’.

4 SEC. 2. INNOVATIVE CHARTER SCHOOLS.

5 Title VI of the Elementary and Secondary Education

6 Act of 1965 (20 U.S.C. 7301 et seq.) is amended—

7 (1) in section 6201(a) (20 U.S.C. 7331(a))—

8 (A) in paragraph (1)(C), by striking ‘‘and’’

9 after the semicolon;

10 (B) by redesignating paragraph (2) as

11 paragraph (3); and

12 (C) by inserting after paragraph (1) the fol13 lowing:

14 ‘‘(2) support for planning, designing, and initial

15 implementation of charter schools as described in part

16 C of title X; and’’; and

17 (2) in section 6301(b) (20 U.S.C. 7351(b))—

18 (A) in paragraph (7), by striking ‘‘and’’

19 after the semicolon;

20 (B) by redesignating paragraph (8) as

21 paragraph (9); and

22 (C) by inserting after paragraph (7) the fol23 lowing:

24 ‘‘(8) planning, designing, and initial implemen25 tation of charter schools as described in part C of title

26 X; and’’.
13

•S 1380 RS

1 SEC. 3. CHARTER SCHOOLS.

2 (a) PURPOSE.—Section 10301(b) of the Elementary

3 and Secondary Education Act of 1965 (20 U.S.C. 8061(b))

4 is amended—

5 (1) in paragraph (1), by striking ‘‘and’’ after the

6 semicolon;

7 (2) in paragraph (2), by striking the period and

8 inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(3) expanding the number of high-quality char11 ter schools available to students across the Nation.’’.

12 (b) CRITERIA FOR PRIORITY TREATMENT.—Section

13 10302 of such Act of 1965 (20 U.S.C. 8062) is amended

14 by adding at the end the following:

15 ‘‘(e) PRIORITY TREATMENT.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) FISCAL YEARS 1999, 2000, AND 2001.—

18 In awarding grants under this part for any of

19 the fiscal years 1999, 2000, and 2001 from funds

20 appropriated under section 10311 that are in ex21 cess of $51,000,000 for the fiscal year, the Sec22 retary shall give priority to States to the extent

23 that the States meet 1 or more of the criteria de24 scribed in paragraph (2).

25 ‘‘(B) SUCCEEDING FISCAL YEARS.—In

26 awarding grants under this part for fiscal year
14

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1 2002 or any succeeding fiscal year from any

2 funds appropriated under section 10311, the Sec3 retary shall give priority to States to the extent

4 that the States meet 1 or more of the criteria de5 scribed in paragraph (2).

6 ‘‘(2) PRIORITY CRITERIA.—The criteria referred

7 to in paragraph (1) are as follows:

8 ‘‘(A) The State has demonstrated progress,

9 in increasing the number of high quality charter

10 schools that are held accountable in the terms of

11 the schools’ charters for meeting clear and meas12 urable objectives for the educational progress of

13 the students attending the schools, in the period

14 prior to the period for which a State educational

15 agency or eligible applicant applies for a grant

16 under this part.

17 ‘‘(B) The State—

18 ‘‘(i) provides for 1 authorized public

19 chartering agency that is not a local edu20 cational agency, such as a State chartering

21 board, for each individual or entity seeking

22 to operate a charter school pursuant to such

23 State law; or

24 ‘‘(ii) in the case of a State in which

25 local educational agencies are the only au-
15

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1 thorized public chartering agencies, allows

2 for an appeals process for the denial of an

3 application for a charter school.

4 ‘‘(C) The State provides for periodic review

5 and evaluation by the authorized public charter6 ing agency of each charter school, at least once

7 every 5 years unless required more frequently by

8 State law, to determine whether the charter

9 school is meeting the terms of the school’s char10 ter, and is meeting or exceeding the academic

11 performance requirements and goals for charter

12 schools as set forth under State law or the

13 school’s charter.

14 ‘‘(D)(i) In the case of a charter school for

15 which the authorized public chartering agency is

16 a State entity, the State requires the school to

17 participate in State assessments, and makes the

18 results available to the public as required by

19 State law or regulation.

20 ‘‘(ii) In the case of a charter school for

21 which the authorized public chartering agency is

22 a local educational agency, the State requires the

23 school to participate in the local assessments re24 quired of other public schools in the school dis25 trict served by the local educational agency, and
16

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1 makes the results available to the public as re2 quired by local law or regulation that is applica3 ble to all public schools in the school district.

4 ‘‘(f) AMOUNT CRITERIA.—In determining the amount

5 of a grant to be awarded under this part to a State edu6 cational agency, the Secretary shall take into consideration

7 the number of charter schools that will be created under this

8 part in the State.’’.

9 (c) APPLICATIONS.—Section 10303(b) of such Act (20

10 U.S.C. 8063(b)) is amended—

11 (1) by redesignating paragraph (2) as para12 graph (3); and

13 (2) by inserting after paragraph (1) the follow14 ing:

15 ‘‘(2) describe how the State educational agency—

16 ‘‘(A) will inform each charter school in the

17 State regarding—

18 ‘‘(i) Federal funds that the charter

19 school is eligible to receive; and

20 ‘‘(ii) Federal programs in which the

21 charter school may participate;

22 ‘‘(B) will ensure that each charter school in

23 the State receives the charter school’s commensu24 rate share of Federal education funds that are

25 allocated by formula each year, including during
17

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1 the first year of operation of the charter school;

2 and

3 ‘‘(C) will disseminate best or promising

4 practices of charter schools to each local edu5 cational agency in the State; and’’.

6 (d) NATIONAL ACTIVITIES.—Section 10305 of such Act

7 (20 U.S.C. 8065) is amended to read as follows:

8 ‘‘SEC. 10305. NATIONAL ACTIVITIES.

9 ‘‘The Secretary shall reserve for each fiscal year the

10 lesser of 5 percent of the amount appropriated to carry out

11 this part for the fiscal year or $5,000,000, to carry out the

12 following activities:

13 ‘‘(1) To provide charter schools, either directly or

14 through State educational agencies, with—

15 ‘‘(A) information regarding—

16 ‘‘(i) Federal funds that charter schools

17 are eligible to receive; and

18 ‘‘(ii) other Federal programs in which

19 charter schools may participate; and

20 ‘‘(B) assistance in applying for Federal

21 education funds that are allocated by formula,

22 including assistance with filing deadlines and

23 submission of applications.

24 ‘‘(2) To provide for the completion of the 4-year

25 national study (which began in 1995) of charter
18

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1 schools, and to provide for related studies with respect

2 to enhancing parent and student educational choices,

3 strengthening accountability and autonomy for

4 schools, ensuring access to charter schools, and in5 creasing student achievement.

6 ‘‘(3) To provide—

7 ‘‘(A) information to applicants for assist8 ance under this part;

9 ‘‘(B) assistance to applicants for assistance

10 under this part with the preparation of applica11 tions under section 10303;

12 ‘‘(C) assistance in the planning and startup

13 of charter schools;

14 ‘‘(D) training and technical assistance to

15 existing charter schools;

16 ‘‘(E) information to applicants and charter

17 schools regarding financial resources available to

18 charter schools, including access to private cap19 ital; and

20 ‘‘(F) for the dissemination of best or prom21 ising practices in charter schools to other public

22 schools.’’.

23 (e) COMMENSURATE TREATMENT; RECORDS TRANS24 FER; PAPERWORK REDUCTION.—Part C of title X of such

25 Act (20 U.S.C. 8061 et seq.) is amended—
19

•S 1380 RS

1 (1) by redesignating sections 10306 and 10307

2 as sections 10310 and 10311, respectively; and

3 (2) by inserting after section 10305 the follow4 ing:

5 ‘‘SEC. 10306. FEDERAL FORMULA ALLOCATION DURING

6 FIRST YEAR AND FOR SUCCESSIVE ENROLL7 MENT EXPANSIONS.

8 ‘‘For purposes of the allocation to schools by the States

9 or their agencies of funds under part A of title I, and any

10 other Federal funds which the Secretary allocates to States

11 on a formula basis, the Secretary and each State edu12 cational agency shall take such measures not later than 6

13 months after the date of enactment of the Charter School

14 Expansion Act of 1998 as are necessary to ensure that every

15 charter school receives the Federal funding for which the

16 charter school is eligible not later than 5 months after the

17 charter school first opens, notwithstanding the fact that the

18 identity and characteristics of the students enrolling in that

19 charter school are not fully and completely determined until

20 that charter school actually opens. The measures similarly

21 shall ensure that every charter school expanding its enroll22 ment in any subsequent year of operation receives the Fed23 eral funding for which the charter school is eligible not later

24 than 5 months after such expansion. The measures shall in25 clude provision for appropriate adjustments, through recov-
20

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1 ery of funds or reduction of payments for the succeeding

2 year, in cases where payments made to a charter school on

3 the basis of estimated or projected enrollment data exceed

4 the amounts which the school is eligible to receive on the

5 basis of actual or final enrollment data.

6 ‘‘SEC. 10307. SOLICITATION OF INPUT FROM CHARTER

7 SCHOOL OPERATORS.

8 ‘‘To the extent practicable, the Secretary shall ensure

9 that administrators, teachers, and other individuals di10 rectly involved in the operation of charter schools are con11 sulted in the development of any rules or regulations re12 quired to implement this part, as well as in the development

13 of any rules or regulations relevant to charter schools that

14 are required to implement part A of title I, the Individuals

15 with Disabilities Education Act (20 U.S.C. 1400 et seq.),

16 or any other program administered by the Secretary that

17 provides education funds to charter schools or regulates the

18 activities of charter schools.

19 ‘‘SEC. 10308. RECORDS TRANSFER.

20 ‘‘State educational agencies and local educational

21 agencies, to the extent practicable, shall ensure that a stu22 dent’s records and, if applicable, a student’s individualized

23 education program as defined in section 602(11) of the In24 dividuals with Disabilities Education Act (20 U.S.C.

25 1401(11)), are transferred to a charter school upon the
21

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1 transfer of the student to the charter school, and to a tradi2 tional public school upon the transfer of the student from

3 a charter school to a traditional public school, in accord4 ance with applicable State law.

5 ‘‘SEC. 10309. PAPERWORK REDUCTION.

6 ‘‘To the extent practicable, the Secretary and each au7 thorized public chartering agency shall ensure that imple8 mentation of this part results in a minimum of paperwork

9 for any eligible applicant or charter school.’’.

10 (f) PART C DEFINITIONS.—Section 10310(1) of such

11 Act (as redesignated by subsection (e)(1)) (20 U.S.C.

12 8066(1)) is amended—

13 (1) in subparagraph (A), by striking ‘‘an ena14 bling statute’’ and inserting ‘‘a specific State statute

15 authorizing the granting of charters to schools’’;

16 (2) in subparagraph (H), by inserting ‘‘is a

17 school to which parents choose to send their children,

18 and that’’ before ‘‘admits’’;

19 (3) in subparagraph (J), by striking ‘‘and’’ after

20 the semicolon;

21 (4) in subparagraph (K), by striking the period

22 and inserting ‘‘; and’’; and

23 (5) by adding at the end the following:

24 ‘‘(L) has a written performance contract

25 with the authorized public chartering agency in
22

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1 the State that includes performance objectives for

2 student achievement and how the objectives will

3 be measured by State assessments, or in the case

4 of a charter school for which the authorized pub5 lic chartering agency is a local educational agen6 cy, by the local assessments required of other

7 public schools in the school district served by the

8 local educational agency.’’.

9 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

10 10311 of such Act (as redesignated by subsection (e)(1)) (20

11 U.S.C. 8067) is amended by striking ‘‘$15,000,000 for fiscal

12 year 1995’’ and inserting ‘‘$100,000,000 for fiscal year

13 1999’’.

14 (h) TITLE XIV DEFINITIONS.—Section 14101 of such

15 Act (20 U.S.C. 8801) is amended—

16 (1) in paragraph (14), by inserting ‘‘, including

17 a public elementary charter school,’’ after ‘‘residential

18 school’’; and

19 (2) in paragraph (25), by inserting ‘‘, including

20 a public secondary charter school,’’ after ‘‘residential

21 school’’.

22 (i) CONFORMING AMENDMENT.—The matter preceding

23 paragraph (1) of section 10304(e) of such Act (20 U.S.C.

24 8064(e)) is amended by striking ‘‘10306(1)’’ and inserting

25 ‘‘10310(1)’’.