receives the Federal funding for which it is eligible in the
calendar year in which it first opens, notwithstanding the
fact that the identity and characteristics of the students en-
rolling in that school are not fully and completely deter-
mined until that school actually opens. These measures shall
similarly ensure that every charter school expanding its en-
rollment in any subsequent year of operation receives the
Federal funding for which it is eligible during the calendar
year of such expansion.
‘‘SEC. 10307. RECORDS TRANSFER.
‘‘State and local educational agencies, to the extent
practicable, shall ensure that a student’s records and if ap-
plicable a student’s individualized education program as
defined in section 602(11) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401(11)), are transferred
to the charter school upon transfer of a student to a charter
school in accordance with applicable State law.
‘‘SEC. 10308. PAPERWORK REDUCTION.
‘‘To the extent practicable, the Secretary and each au-
thorized public chartering agency, shall ensure that imple-
mentation of this part results in a minimum of paperwork
for any eligible applicant or charter school.
‘‘SEC. 10309. DEFINITIONS.
‘‘As used in this part:
‘‘(1) The term ‘charter school’ means a public
school that—
‘‘(A) in accordance with a specific State
charter school statute, is exempted from signifi-
cant State or local rules that inhibit the flexible
operation and management of public schools, but
not from any rules relating to the other require-
ments of this paragraph;
‘‘(B) is created by a developer as a public
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction;
‘‘(C) operates in pursuit of a specific set of
educational objectives determined by the school’s
developer and agreed to by the authorized public
chartering agency;
‘‘(D) provides a program of elementary or
secondary education, or both;
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all
other operations, and is not affiliated with a sec-
tarian school or religious institution;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination
Act of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with Dis-
abilities Education Act;
‘‘(H) is a school to which parents choose to
send their children, and that admits students on
the basis of a lottery, if more students apply for
admission than can be accommodated;
‘‘(I) agrees to comply with the same Federal
and State audit requirements as do other elemen-
tary and secondary schools in the State, unless
such requirements are specifically waived for the
purpose of this program;
‘‘(J) meets all applicable Federal, State,
and local health and safety requirements;
‘‘(K) operates in accordance with State law;
and
‘‘(L) has a written performance contract
with the authorized public chartering agency in
the State.
‘‘(2) The term ‘developer’ means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a
charter school project will be carried out.
‘‘(3) The term ‘eligible applicant’ means an au-
thorized public chartering agency participating in a
partnership with a developer to establish a charter
school in accordance with this part.
‘‘(4) The term ‘authorized public chartering
agency’ means a State educational agency, local edu-
cational agency, or other public entity that has the
authority pursuant to State law and approved by the
Secretary to authorize or approve a charter school.
‘‘SEC. 10310. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year
1998 and such sums as may be necessary for each of the
four succeeding fiscal years.’’.
Union Calendar No. 185
105TH CONGRESS
1ST SESSION
H. R. 2616
[Report No. 105–321]
A BILL
To amend titles VI and X of the Elementary and
Secondary Education Act of 1965 to improve and
expand charter schools.
OCTOBER 14, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed