II 

111TH CONGRESS 

2D SESSION S. 3441 

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

such public charter schools to expand and replicate. 

IN THE SENATE OF THE UNITED STATES 

MAY 27 (legislative day, MAY 26), 2010 

Mr. DURBIN (for himself and Mr. GREGG) 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 2010’’ or ‘‘All-STAR Act of 2010’’. 

6 SEC. 2. CHARTER SCHOOL EXPANSION AND REPLICATION. 

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

8 the Elementary and Secondary Education Act of 1965 (20 

9 U.S.C. 7221 et seq.) is amended— 


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1 (1) by striking section 5212; 

2 (2) by redesignating section 5210 as section 

3 5211; and 

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

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

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

9 support State efforts to expand and replicate high-quality 

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

12 attend identified schools or schools with a low graduation 

13 rate. 

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

15 INCREASING THE SUPPLY OF HIGH-QUALITY CHARTER

16 SCHOOLS.— 

17 ‘‘(1) GRANTS AUTHORIZED.—From the 

18 amounts appropriated under section 5200 for any 

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

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

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

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

24 in order to allow the eligible public charter schools 


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1 to serve additional students through the expansion 

2 and replication of such schools. 

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

4 grant amount to be awarded under this subsection 

5 to an eligible entity, the Secretary shall consider— 

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

7 schools under the jurisdiction or in the service 

8 area of the eligible entity that are operating; 

9 ‘‘(B) the number of 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 the service area that sug20 gest the interest of parents in charter school 

21 enrollment 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 


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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 5 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. 

13 ‘‘(c) APPLICATION REQUIREMENTS.— 

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

15 considered for a grant under this section, an eligible 

16 entity shall submit an application to the Secretary at 

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

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

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

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

25 schools, including— 


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1 ‘‘(i) the performance of public charter 

2 school students on the academic assess3 ments described in section 1111(b)(3) of 

4 the State where such schools are located, 

5 disaggregated by— 

6 ‘‘(I) economic disadvantage; 

7 ‘‘(II) race and ethnicity; 

8 ‘‘(III) disability status; and 

9 ‘‘(IV) status as a student with 

10 limited English proficiency; 

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

12 section 1116 in making adequate yearly 

13 progress or as identified schools; and 

14 ‘‘(iii) in the case of public charter 

15 schools that are secondary schools, the 

16 graduation rates and rates of college ac17 ceptance, enrollment, and persistence of 

18 students, where possible. 

19 ‘‘(B) PLAN.—A plan for— 

20 ‘‘(i) replicating and expanding eligible 

21 public charter schools operated or overseen 

22 by the eligible entity; 

23 ‘‘(ii) identifying eligible public charter 

24 schools, or networks of eligible public charVerDate Mar 15 2010 02:47 Jun 02, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3441.IS S3441

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1 ter schools, to receive subgrants under this 

2 section; 

3 ‘‘(iii) increasing the number of open4 ings in eligible public charter schools for 

5 students attending identified schools and 

6 schools with a low graduation rate; 

7 ‘‘(iv) ensuring that eligible public 

8 charter schools receiving a subgrant under 

9 this section enroll students through a ran10 dom lottery for admission, unless the char11 ter school is using the subgrant to expand 

12 the school to serve additional grades, in 

13 which case such school may reserve seats 

14 in the additional grades for— 

15 ‘‘(I) each student enrolled in the 

16 grade preceding each such additional 

17 grade; 

18 ‘‘(II) siblings of students enrolled 

19 in the charter school, if such siblings 

20 desire to enroll in such grade; and 

21 ‘‘(III) children of the charter 

22 school’s founders, staff, or employees; 

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

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

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


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1 eligible entity will work with identified 

2 schools and schools with a low graduation 

3 rate that are eligible to enroll students in 

4 a public charter school receiving a 

5 subgrant under this section and that are 

6 under the eligible entity’s jurisdiction, and 

7 the local educational agencies serving such 

8 schools, to— 

9 ‘‘(aa) engage in community out10 reach, provide information in a lan11 guage that the parents can under12 stand, and communicate with parents 

13 of students at identified schools and 

14 schools with a low graduation rate 

15 who are eligible to attend a public 

16 charter school receiving a subgrant 

17 under this section about the oppor18 tunity to enroll in or transfer to such 

19 school, in a manner consistent with 

20 section 444 of the General Education 

21 Provisions Act (commonly known as 

22 the ‘Family Educational Rights and 

23 Privacy Act of 1974’); and 

24 ‘‘(bb) ensure that a student can 

25 transfer to an eligible public charter 


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1 school if the public charter school 

2 such student was attending in the 

3 previous school year is no longer an 

4 eligible public charter school; and 

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

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

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

8 eligible entity will work with the local edu9 cational agency to carry out the activities 

10 described in items (aa) and (bb) of sub11 clause (I); and 

12 ‘‘(vi) disseminating to public schools 

13 under the jurisdiction or in the service 

14 area of the eligible entity, in a manner 

15 consistent with section 444 of the General 

16 Education Provisions Act (commonly 

17 known as the ‘Family Educational Rights 

18 and Privacy Act of 1974’), the best prac19 tices, programs, or strategies learned by 

20 awarding subgrants to eligible public char21 ter schools under this section, with par22 ticular emphasis on the best practices with 

23 respect to— 

24 ‘‘(I) focusing on closing the 

25 achievement gap; or 


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1 ‘‘(II) successfully addressing the 

2 education needs of low-income stu3 dents. 

4 ‘‘(C) CHARTER SCHOOL INFORMATION.— 

5 The number of— 

6 ‘‘(i) eligible public charter schools that 

7 are operating in the State in which the eli8 gible entity intends to award subgrants 

9 under this section; 

10 ‘‘(ii) public charter schools approved 

11 to open or likely to open during the grant 

12 period in such State; 

13 ‘‘(iii) available openings in eligible 

14 public charter schools in such State that 

15 could be created through the replication or 

16 expansion of such schools if the grant is 

17 awarded to the eligible entity; 

18 ‘‘(iv) students on public charter school 

19 waiting lists (if such lists are available) 

20 in— 

21 ‘‘(I) the State in which the eligi22 ble entity intends to award subgrants 

23 under this section; and 

24 ‘‘(II) each local educational agen25 cy serving an eligible public charter 


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1 school that may receive a subgrant 

2 under this section from the eligible 

3 entity; and 

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

5 students, in a local educational agency who 

6 are attending eligible public charter schools 

7 that may receive a subgrant under this 

8 section from the eligible entity. 

9 ‘‘(D) TRADITIONAL PUBLIC SCHOOL IN10 FORMATION.—In the case of an eligible entity 

11 that is a State educational agency or local edu12 cational agency, a list of the following schools 

13 under the jurisdiction of the eligible entity, in14 cluding the name and location of each such 

15 school, the number and percentage of students 

16 under the jurisdiction of the eligible entity who 

17 are attending such school, and such demo18 graphic and socioeconomic information as the 

19 Secretary may require: 

20 ‘‘(i) Identified schools. 

21 ‘‘(ii) Schools with a low graduation 

22 rate. 

23 ‘‘(E) ASSURANCE.—In the case of an eligi24 ble entity described in subsection (k)(4)(A), an 

25 assurance that the eligible entity will include in 


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1 the notifications provided under section 

2 1116(c)(6) to parents of each student enrolled 

3 in a school served by a local educational agency 

4 identified for school improvement or corrective 

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

6 1116(c), information (in a language that the 

7 parents can understand) about the eligible pub8 lic charter schools receiving subgrants under 

9 this section. 

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

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

12 this section, the Secretary shall give priority to an 

13 eligible entity that— 

14 ‘‘(A) serves or plans to serve a large per15 centage of low-income students from identified 

16 schools or public schools with a low graduation 

17 rate; 

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

19 more eligible public charter schools; 

20 ‘‘(C) provides evidence of effective moni21 toring of the academic success of students who 

22 attend public charter schools under the jurisdic23 tion of the eligible entity; 

24 ‘‘(D) in the case of an eligible entity that 

25 is a local educational agency under State law, 


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1 has a cooperative agreement under section 

2 1116(b)(11); and 

3 ‘‘(E) is under the jurisdiction of, or plans 

4 to award subgrants under this section in, a 

5 State that— 

6 ‘‘(i) ensures that all public charter 

7 schools (including such schools served by a 

8 local educational agency and such schools 

9 considered to be a local educational agency 

10 under State law) receive, in a timely man11 ner, the Federal, State, and local funds to 

12 which such schools are entitled under ap13 plicable law; 

14 ‘‘(ii) does not have a cap that restricts 

15 the growth of public charter schools in the 

16 State; 

17 ‘‘(iii) provides funding (such as cap18 ital aid distributed through a formula or 

19 access to revenue generated bonds, and in20 cluding funding for school facilities) on a 

21 per-pupil basis to public charter schools 

22 commensurate with the amount of funding 

23 (including funding for school facilities) 

24 provided to traditional public schools; 


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1 ‘‘(iv) provides strong evidence of sup2 port for public charter schools and has in 

3 place innovative policies that support aca4 demically successful charter school growth; 

5 ‘‘(v) authorizes public charter schools 

6 to offer early childhood education pro7 grams, including prekindergarten, in ac8 cordance with State law; 

9 ‘‘(vi) ensures that each public charter 

10 school in the State— 

11 ‘‘(I) has a high degree of auton12 omy over the public charter school’s 

13 budget and expenditures; 

14 ‘‘(II) has a written performance 

15 contract with an authorized public 

16 chartering agency that ensures that 

17 the school has an independent gov18 erning board with a high degree of 

19 autonomy; and 

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

21 public charter school receiving a 

22 subgrant under this section, amends 

23 its charter to reflect the growth activi24 ties described in subsection (e); 


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

2 denial of an application for a charter 

3 school; 

4 ‘‘(viii) provides that an authorized 

5 public chartering agency that is not a local 

6 educational agency, such as a State char7 tering board, is available for each indi8 vidual or entity seeking to operate a char9 ter school pursuant to such State law; 

10 ‘‘(ix) allows any public charter school 

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

13 ‘‘(x) ensures that each authorized 

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

17 available to the public, on the performance 

18 of the schools authorized or approved by 

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

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

24 schools and any progress toward 


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1 achieving the objectives of the stra2 tegic plan; 

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

5 or approving public charter schools, 

6 including how such policies examine a 

7 school’s— 

8 ‘‘(aa) financial plan and 

9 policies, including financial con10 trols and audit requirements; 

11 ‘‘(bb) plan for identifying 

12 and successfully (in compliance 

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

15 disabilities, students who are 

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

20 ‘‘(cc) capacity and capability 

21 to successfully launch and subse22 quently operate a public charter 

23 school, including the backgrounds 

24 of the individuals applying to the 

25 agency to operate such school 


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

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

5 not renewing, and revoking a charter 

6 school’s charter, including the role of 

7 student academic achievement in such 

8 decisions; 

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

11 and effective process for closing down 

12 academically unsuccessful public char13 ter schools; 

14 ‘‘(V) the academic performance 

15 of each operating public charter 

16 school authorized or approved by the 

17 authorized public chartering agency, 

18 including the information reported by 

19 the State in the State annual report 

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

21 such school; 

22 ‘‘(VI) the status of the author23 ized public chartering agency’s charter 

24 school portfolio, by identifying all 

25 charter schools served by the public 


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1 chartering agency in each of the fol2 lowing categories: approved (but not 

3 yet open), operating, renewed, trans4 ferred, revoked, not renewed, volun5 tarily closed, or never opened; 

6 ‘‘(VII) the authorizing functions 

7 (such as approval, monitoring, and 

8 oversight) performed by the author9 ized public chartering agency to the 

10 public charter schools authorized or 

11 approved by such agency, including an 

12 itemized accounting of the actual 

13 costs of such functions; and 

14 ‘‘(VIII) the services purchased 

15 (such as accounting, transportation, 

16 and data management and analysis) 

17 from the authorized public chartering 

18 agency by the public charter schools 

19 authorized or approved by such agen20 cy, including an itemized accounting 

21 of the actual costs of such services; 

22 and 

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

24 after receiving a grant under this section) 

25 a State policy and process for overseeing 


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1 and reviewing the effectiveness and quality 

2 of the State’s authorized public chartering 

3 agencies, including— 

4 ‘‘(I) a process for reviewing and 

5 evaluating the performance of the au6 thorized public chartering agencies in 

7 authorizing or approving charter 

8 schools, including a process that en9 ables the authorized public chartering 

10 agencies to respond to any State con11 cerns; and 

12 ‘‘(II) any other necessary policies 

13 to ensure effective charter school au14 thorizing in the State in accordance 

15 with the principles of quality charter 

16 school authorizing, as determined by 

17 the State in consultation with the 

18 charter school community and stake19 holders. 

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

21 under this section, the Secretary may determine how 

22 the priorities described in paragraph (1) will apply 

23 to the different types of eligible entities defined in 

24 subsection (k)(4). 


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

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

3 following: 

4 ‘‘(1) SUBGRANTS.— 

5 ‘‘(A) IN GENERAL.—To award subgrants, 

6 in such amount as the eligible entity determines 

7 is appropriate, to eligible public charter schools 

8 to replicate or expand such schools. 

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

10 charter school desiring to receive a subgrant 

11 under this subsection shall submit an applica12 tion to the eligible entity at such time, in such 

13 manner, and containing such information as the 

14 eligible entity may require. 

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

16 charter school receiving a subgrant under this 

17 subsection shall use the subgrant funds to pro18 vide for an increase in the school’s enrollment 

19 of students through the replication or expansion 

20 of the school, which may include use of funds 

21 to— 

22 ‘‘(i) support the physical expansion of 

23 school buildings, including financing the 

24 development of new buildings and cam25 puses to meet increased enrollment needs; 


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1 ‘‘(ii) pay costs associated with hiring 

2 additional teachers to serve additional stu3 dents; 

4 ‘‘(iii) provide transportation to addi5 tional students to and from the school, in6 cluding providing transportation to stu7 dents who transfer to the school under a 

8 cooperative agreement established under 

9 section 1116(b)(11); 

10 ‘‘(iv) purchase instructional materials, 

11 implement teacher and principal profes12 sional development programs, and hire ad13 ditional non-teaching staff; and 

14 ‘‘(v) support any necessary activities 

15 associated with the school carrying out the 

16 purposes of this section. 

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

18 under this subsection, an eligible entity shall 

19 give priority to an eligible public charter 

20 school— 

21 ‘‘(i) that has significantly closed any 

22 achievement gap on the State academic as23 sessments described in section 1111(b)(3) 

24 among the groups of students described in 


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

2 scores; 

3 ‘‘(ii) that— 

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

5 25th percentile of the schools in the 

6 State, as ranked by the percentage of 

7 students in the proficient or advanced 

8 level of achievement on the State aca9 demic assessments in mathematics 

10 and reading or language arts de11 scribed in section 1111(b)(3); or 

12 ‘‘(bb) has an average student 

13 score on an examination (chosen by 

14 the Secretary) that is at least in the 

15 60th percentile in reading and at least 

16 in the 75th percentile in mathematics; 

17 and 

18 ‘‘(II) serves a high-need student 

19 population and is eligible to partici20 pate in a schoolwide program under 

21 section 1114, with additional priority 

22 given to schools that serve, as com23 pared to other schools that have sub24 mitted an application under this sub25 section— 


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1 ‘‘(aa) a greater percentage 

2 of low-income students; and 

3 ‘‘(bb) a greater percentage 

4 of not less than 2 groups of stu5 dents described in section 

6 1111(b)(2)(C)(v)(II); and 

7 ‘‘(iii) that meets the criteria described 

8 in clause (i) and serves low-income stu9 dents who have transferred to such school 

10 under a cooperative agreement described in 

11 section 1116(b)(11). 

12 ‘‘(E) DURATION OF SUBGRANT.—A 

13 subgrant under this subsection shall be awarded 

14 for a period of not more than 5 years, except 

15 that an eligible public charter school receiving a 

16 subgrant under this subsection may, at the dis17 cretion of the eligible entity, continue to expend 

18 subgrant funds after the end of the subgrant 

19 period. 

20 ‘‘(2) FACILITY FINANCING AND REVOLVING

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

22 than 25 percent of the amount of the grant funds 

23 received under this section to establish a reserve ac24 count described in subsection (f) to facilitate public 


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1 charter school facility acquisition and development 

2 by— 

3 ‘‘(A) conducting credit enhancement initia4 tives (as referred to in subpart 2) in support of 

5 the development of facilities for eligible public 

6 charter schools serving students; 

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

8 use by an eligible public charter school receiving 

9 a subgrant under this subsection from the eligi10 ble entity under such terms as may be deter11 mined by the eligible entity to allow such school 

12 to expand to serve additional students; 

13 ‘‘(C) facilitating, through direct expendi14 ture or financing, the acquisition or develop15 ment of public charter school buildings by the 

16 eligible entity or an eligible public charter 

17 school receiving a subgrant under this sub18 section from the eligible entity, which may be 

19 used as both permanent locations for eligible 

20 public charter schools or incubators for growing 

21 charter schools; or 

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

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1 tutions Act of 1994 (12 U.S.C. 4702)) or other 

2 mission-based financial institutions to carry out 

3 the activities described in subparagraphs (A), 

4 (B), and (C). 

5 ‘‘(3) ADMINISTRATIVE TASKS, DISSEMINATION

6 ACTIVITIES, AND OUTREACH.— 

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

8 use not more than 7.5 percent of the grant 

9 funds awarded under this section to cover ad10 ministrative tasks, dissemination activities, and 

11 outreach. 

12 ‘‘(B) NONPROFIT ASSISTANCE.—In car13 rying out the administrative tasks, dissemina14 tion activities, and outreach described in sub15 paragraph (A), an eligible entity may contract 

16 with an organization described in section 

17 501(c)(3) of the Internal Revenue Code of 1986 

18 (26 U.S.C. 501(c)(3)) and exempt from tax 

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

20 501(a)). 

21 ‘‘(f) RESERVE ACCOUNT.— 

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

23 the development of new public charter school build24 ings or facilities for eligible public charter schools, 

25 an eligible entity receiving a grant under this section 


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

2 or indirectly, alone or in collaboration with others, 

3 deposit the amount of funds described in subsection 

4 (e)(2) in a reserve account established and main5 tained by the eligible entity. 

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

7 section and deposited in the reserve account estab8 lished under this subsection shall be invested in obli9 gations issued or guaranteed by the United States or 

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

11 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn12 ings on funds received under this subsection shall be 

13 deposited in the reserve account established under 

14 this section and used in accordance with the purpose 

15 described in subsection (a). 

16 ‘‘(4) RECOVERY OF FUNDS.— 

17 ‘‘(A) IN GENERAL.—The Secretary, in ac18 cordance with chapter 37 of title 31, United 

19 States Code, shall collect— 

20 ‘‘(i) all funds in a reserve account es21 tablished by an eligible entity under this 

22 subsection if the Secretary determines, not 

23 earlier than 2 years after the date the eli24 gible entity first received funds under this 

25 section, that the eligible entity has failed to 


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1 make substantial progress carrying out the 

2 purpose described in paragraph (1); or 

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

4 a reserve account established by an eligible 

5 entity under this subsection if the Sec6 retary determines that the eligible entity 

7 has permanently ceased to use all or a por8 tion of funds in such account to accomplish 

9 the purpose described in paragraph (1). 

10 ‘‘(B) EXERCISE OF AUTHORITY.—The Sec11 retary shall not exercise the authority provided 

12 under subparagraph (A) to collect from any eli13 gible entity any funds that are being properly 

14 used to achieve such purpose. 

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

16 and 458 of the General Education Provisions 

17 Act shall apply to the recovery of funds under 

18 subparagraph (A). 

19 ‘‘(D) CONSTRUCTION.—This paragraph 

20 shall not be construed to impair or affect the 

21 authority of the Secretary to recover funds 

22 under part D of the General Education Provi23 sions Act. 

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

25 the Secretary under paragraph (4) shall be awarded 


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1 to eligible entities receiving grants under this section 

2 in the next fiscal year. 

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

4 records of each eligible entity and eligible public charter 

5 school receiving a grant or subgrant, respectively, under 

6 this section shall be maintained in accordance with gen7 erally accepted accounting principles and shall be subject 

8 to an annual audit by an independent public accountant. 

9 ‘‘(h) NATIONAL EVALUATION.— 

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

11 amounts appropriated under section 5200, the Sec12 retary shall conduct an independent, comprehensive, 

13 and scientifically sound evaluation, by grant or con14 tract and using the highest quality research design 

15 available, of the impact of the activities carried out 

16 under this section on— 

17 ‘‘(A) student achievement; and 

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

19 Secretary. 

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

21 date of the enactment of the All Students Achieving 

22 through Reform Act of 2010, and biannually there23 after, the Secretary shall submit to Congress a re24 port on the results of the evaluation described in 

25 paragraph (1). 


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

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

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

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

9 the grant. Such report shall be submitted before the 

10 end of the 4-year period beginning on the date of en11 actment of the All Students Achieving through Re12 form Act of 2010 and every 2 years thereafter. 

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

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

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

18 5201 through 5209 shall not apply to the program under 

19 this section. 

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

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

22 ‘adequate yearly progress’ has the meaning given 

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


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1 ‘‘(2) ADMINISTRATIVE TASKS, DISSEMINATION

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

4 includes costs and activities associated with— 

5 ‘‘(A) recruiting and selecting students to 

6 attend eligible public charter schools; 

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

9 graduation rates; 

10 ‘‘(C) providing information to such parents 

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

13 under this section; 

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

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

18 learned in eligible public charter schools to 

19 other public schools operating in the State 

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

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

23 school’ means— 

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

25 5211(1); or 


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

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

3 and provides prekindergarten or adult education 

4 services. 

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

7 ‘‘(A) a State educational agency; 

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

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

11 authorized or is planning to authorize a public 

12 charter school; or 

13 ‘‘(D) an organization that has an organiza14 tional mission and record of success supporting 

15 the replication and expansion of high-quality 

16 charter schools and is— 

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

18 the Internal Revenue Code of 1986 (26 

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

20 ‘‘(ii) exempt from tax under section 

21 501(a) of such Code (26 U.S.C. 501(a)). 

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

23 The term ‘eligible public charter school’ means a 

24 charter school, including a public charter school that 

25 is being developed by a developer, that— 


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1 ‘‘(A) has made adequate yearly progress 

2 for the last 2 consecutive school years; and 

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

4 that is a secondary school, has, for the most re5 cent school year for which data is available, met 

6 or exceeded the graduation rate required by the 

7 State in order to make adequate yearly progress 

8 for such year. 

9 ‘‘(6) IDENTIFIED SCHOOL.—The term ‘identi10 fied school’ means a school identified for school im11 provement, corrective action, or restructuring under 

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

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

14 ‘local educational agency’ includes any charter school 

15 that is a local educational agency, as determined by 

16 State law. 

17 ‘‘(8) LOW-INCOME STUDENT.—The term ‘low18 income student’ means a student eligible for free or 

19 reduced price lunches under the Richard B. Russell 

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

21 seq.). 

22 ‘‘(9) GRADUATION RATE.—The term ‘gradua23 tion rate’ has the meaning given the term in section 

24 1111(b)(2)(C)(vi), as clarified in section 


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

3 ‘‘(10) SCHOOL YEAR.—The term ‘school year’ 

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

5 the Richard B. Russell National School Lunch Act 

6 (42 U.S.C. 1760(d)). 

7 ‘‘(11) TRADITIONAL PUBLIC SCHOOL.—The 

8 term ‘traditional public school’ does not include any 

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

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Part B 

11 of title V of the Elementary and Secondary Education Act 

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

13 (1) by striking section 5231; and 

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

15 ‘‘SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR 

16 SUBPARTS 1 AND 2. 

17 ‘‘(a) IN GENERAL.—There are authorized to be ap18 propriated to carry out subparts 1 and 2, $700,000,000 

19 for fiscal year 2011 and such sums as may be necessary 

20 for each of the 5 succeeding fiscal years. 

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

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

23 consider— 


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1 ‘‘(1) the relative need among the programs car2 ried out under sections 5202, 5205, 5210, and sub3 part 2; and 

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

5 for such programs.’’. 

6 (c) CONFORMING AMENDMENTS.—The Elementary 

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

8 et seq.) is amended— 

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

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

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

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

13 (3) in section 5211(1) (as redesignated by sub14 section (a)(1)) (20 U.S.C. 7221i(1)), by striking 

15 ‘‘The term’’ and inserting ‘‘Except as otherwise pro16 vided, the term’’; 

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

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

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

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

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

22 the Elementary and Secondary Education Act of 1965 is 

23 amended— 

24 (1) by inserting before the item relating to sub25 part 1 of part B of title V the following: 

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


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1 (2) by striking the items relating to sections 

2 5210 and 5211; and 

3 (3) by inserting after the item relating to sec4 tion 5209 the following: 

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

‘‘Sec. 5211. Definitions.’’. 

Æ 


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