I 
119TH CONGRESS 
2D SESSION 
H. R. 7082 
To amend the Elementary and Secondary Education Act of 1965 in order 
to provide for greater flexibility in the Federal programs supporting 
the planning and implementation of charter schools. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 15, 2026 
Mr. MACKENZIE introduced the following bill; which was referred to the 
Committee on Education and Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 in order to provide for greater flexibility in 
the Federal programs supporting the planning and imple-
mentation of charter schools. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fostering Learning 
and Excellence in Charter Schools Act’’ or the ‘‘FLEX 
Act’’. 
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‘‘(1) shall use all of such remaining amount to 
support charter school facilities assistance under sec-
tion 4304, carry out national activities under section 
4305, and carry out section 4303, as described in 
such paragraphs; and 
‘‘(2) may determine how to allocate such re-
maining amount to support or carry out, as applica-
ble, the programs and activities described in each 
such section.’’. 
SEC. 3. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 
SCHOOLS. 
Section 4303 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221b) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (C), by striking 
‘‘and’’ at the end and inserting ‘‘or’’; and 
(iii) by inserting after subparagraph 
(C) the following: 
‘‘(D) support the addition or expansion of 
curricular or other offerings at a high-quality 
charter school (provided that such addition or 
expansion is designed and implemented in a 
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manner that will enable additional students to 
enroll in and benefit from the school), such as 
through the adoption of— 
‘‘(i) new academic programs or deliv-
ery models; 
‘‘(ii) personalized learning; or 
‘‘(iii) a new curricular approach; 
and’’; and 
(B) in paragraph (2), by inserting ‘‘, in-
cluding costs to provide such assistance,’’ after 
‘‘provide technical assistance’’; 
(2) in subsection (c)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, over 
the course of the grant period described in sub-
section (d)(1)(A)’’ after ‘‘shall’’; and 
(B) in paragraph (3), by adding at the end 
the following: 
‘‘(C) SINGLE-SEX
SCHOOLS
AND
SERV-
ICES.—Nothing in this part shall be construed 
to prohibit schools from providing educational 
services to students of a single sex.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(B), by striking ‘‘of 
which’’ and all that follows through ‘‘program 
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design’’ and inserting ‘‘of which an eligible ap-
plicant may use not more than a period of time 
determined by the State entity (which may not 
exceed 2 years) for planning and program de-
sign’’; 
(B) in paragraph (2), by striking ‘‘The 
Secretary, and each State entity awarding sub-
grants under this section, shall’’ and inserting 
‘‘The Secretary shall, and each State entity 
awarding subgrants under this section may,’’; 
(C) by striking paragraph (3); and 
(D) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; 
(4) in subsection (e)(1), by striking ‘‘is cur-
rently using’’ and inserting ‘‘has not obligated all 
funds received pursuant to’’; 
(5) in subsection (f)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) support the opening, expansion, 
and strengthening of charter schools 
through the startup of new charter schools, 
the replication of high-quality charter 
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schools, the expansion of high-quality char-
ter schools, and the addition of programs 
in high-quality schools, which shall include 
an initial projection (which may not be 
used to determine a State entity’s alloca-
tion of subgrant funds if the State entity 
determines that an alternative allocation 
would better meet the purposes of this pro-
gram) of— 
‘‘(I) 
the 
number 
of 
charter 
schools to be opened through the 
startup of new charter schools under 
the program; 
‘‘(II) the number of charter 
schools to be opened as a result of the 
replication of a high-quality charter 
school under the program; or 
‘‘(III) the number of high-quality 
charter schools to be expanded under 
the program;’’; 
(II) in subclause (II) of clause 
(vi), by striking ‘‘in a manner con-
sistent with the eligible applicant’s ap-
plication for such subgrant’’; 
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(III) in clause (xi), by inserting 
‘‘in the case of a State entity de-
scribed 
in 
subsection 
(a)(1) 
or 
(a)(3),’’ before ‘‘support’’; and 
(IV) in clause (xii)— 
(aa) in subclause (I)— 
(AA) by striking ‘‘(I)’’; 
and 
(BB) by striking ‘‘not 
described in subclause (II)’’ 
and inserting ‘‘described in 
paragraphs (1), (2), or (3) 
of subsection (a)’’; and 
(bb) by striking subclause 
(II); 
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘to develop or strengthen a cohesive 
strategy’’; 
(iii) in subparagraph (C)— 
(I) in clause (i)(VI), by striking 
‘‘and’’ at the end; 
(II) in clause (ii), by inserting 
‘‘and’’ at the end; and 
(III) by adding at the end the 
following: 
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‘‘(iii) a description of whether and 
how, in lieu of requiring an application in 
accordance with clause (i), the State entity 
will opt to use an eligible applicant’s ap-
proved charter authorization application, 
provided that such charter authorization 
application was approved in accordance 
with relevant State law during the year 
preceding the date on which the State enti-
ty first accepts applications for such sub-
grants;’’; and 
(iv) by striking subparagraph (E); 
and 
(v) by redesignating subparagraphs 
(F) and (G) as subparagraphs (E) and 
(F), respectively; and 
(B) in paragraph (2)— 
(i) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G)(v), by strik-
ing the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(H) the State entity will ensure that each 
charter school receiving funds under the State 
entity’s program will address the transportation 
needs of their students.’’; 
(6) in subsection (g)(1)— 
(A) by striking subparagraph (B); and 
(B) in subparagraph (C), by striking 
‘‘meet those objectives and’’; 
(7) in subsection (h)— 
(A) by amending paragraph (1)(B) to read 
as follows: 
‘‘(B) hiring and compensating teachers, 
school leaders, or specialized instructional sup-
port personnel.’’; 
(B) in paragraph (2)— 
(i) by inserting ‘‘academic subscrip-
tions (including digital and online subscrip-
tions),’’ after ‘‘training,’’; and 
(ii) by inserting ‘‘curricular support,’’ 
after ‘‘(including technology),’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) In order to ensure that a school building 
complies with applicable statutes and regulations, 
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carrying out necessary renovations, upgrades, or fa-
cilities repairs, or acquiring portable classrooms.’’; 
(D) in paragraph (4), by striking ‘‘one- 
time, startup’’; 
(E) in paragraph (6), by striking ‘‘appro-
priate, non-sustained’’; and 
(F) by adding at the end the following: 
‘‘(7) Providing costs associated with operations 
and management of the charter school facility.’’; and 
(8) in subsection (i)— 
(A) by striking ‘‘of the third year’’; and 
(B) by striking ‘‘(or at the end of the sec-
ond year of the grant period if the grant is less 
than 5 years), and at the end of such grant pe-
riod’’. 
SEC. 4. NATIONAL ACTIVITIES; GRANTS TO CHARTER MAN-
AGEMENT ORGANIZATIONS. 
Section 4305 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221d) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 4302(b)(2), the Secretary shall— 
‘‘(1) use not more than 10 percent of such 
funds to— 
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‘‘(A) provide support and technical assist-
ance to— 
‘‘(i) State entities in awarding sub-
grants under section 4303(b)(1); and 
‘‘(ii) eligible entities and States receiv-
ing grants under section 4304; 
‘‘(B) disseminate best practices regarding 
charter schools; 
‘‘(C) increase access to facilities (including 
funding and financing for facilities) for charter 
schools; 
‘‘(D) increase the number of available 
seats in charter schools through early-stage 
charter school planning; 
‘‘(E) increase the number of available seats 
in charter schools that— 
‘‘(i) are located in States that have 
enacted legislation within a period of 5 
years prior to the award of a grant under 
this section for such purpose; 
‘‘(ii) serve rural students; and 
‘‘(iii) serve students with disabilities; 
and 
‘‘(F) evaluate the impact of the charter 
school program carried out under this part, in-
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cluding with respect to student achievement; 
and 
‘‘(2) after the uses described in paragraph (1), 
use the remainder of such funds to— 
‘‘(A) award grants in accordance with sub-
section (b); and 
‘‘(B) award grants, on a competitive basis, 
to eligible applicants for the purpose of carrying 
out the activities described in section 4303(h) 
in a State that did not receive a grant under 
such section.’’; and 
(2) in subsection (b)— 
(A) in paragraph (3)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by inserting 
‘‘and’’ at the end; 
(II) in subclause (II), by striking 
‘‘and’’ and the end; and 
(III) by striking subclause (III); 
and 
(ii) in clause (iii), by striking ‘‘, which 
shall include a multi-year financial and op-
erating model for the eligible entity’’; and 
(B) in paragraph (5)— 
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(i) in subparagraph (C)(ii), by strik-
ing ‘‘or’’ at the end; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) plan to operate or manage high-qual-
ity charter schools in— 
‘‘(i) States in which, as of the date on 
which the eligible entity submits an appli-
cation under paragraph (3), the eligible en-
tity does not operate or manage a charter 
school; or 
‘‘(ii) States with limited charter school 
options.’’. 
SEC. 5. SOLICITATION OF INPUT FROM CHARTER SCHOOL 
OPERATORS. 
Section 4307 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221f) is amended— 
(1) by striking ‘‘To the extent practicable, the 
Secretary’’ and inserting ‘‘The Secretary’’; 
(2) by inserting ‘‘, prior to the issuance of a no-
tice of proposed rulemaking,’’ after ‘‘are consulted’’; 
and 
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(3) by striking ‘‘this subpart’’ and inserting 
‘‘this part’’. 
SEC. 6. PAPERWORK REDUCTION AND REGULATION. 
Section 4309 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221h) is amended— 
(1) in the heading, by inserting ‘‘AND REGU-
LATION’’ at the end; 
(2) by striking ‘‘To the extent practicable, the’’ 
and inserting the following: 
‘‘(a) PAPERWORK REDUCTION.—The’’; 
(3) by striking ‘‘this subpart’’ and inserting 
‘‘this part’’; 
(4) by striking ‘‘or charter school’’ and insert-
ing ‘‘, charter school, or State entity (as defined in 
section 4303)’’; and 
(5) by adding at the end the following: 
‘‘(b) REGULATION.—In meeting the requirement 
under subsection (a), the Secretary shall promulgate only 
such regulations as are necessary for the administration 
of this part and shall not impose additional nonstatutory 
requirements on those entities subject to the regulations.’’. 
SEC. 7. DEFINITIONS. 
Section 4310(2)(D) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7221i(2)(D)) is amend-
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ed by inserting ‘‘(which may include other educational pro-
grams, pursuant to State law)’’ after ‘‘education’’. 
SEC. 8. APPLICABILITY. 
(a) IN GENERAL.—This Act and the amendments 
made by this Act shall apply with respect to grants award-
ed under sections 4303 and 4305 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7221b; 
7221d) on or after the date of the enactment of this Act. 
(b) EXCEPTION.—An entity that received a grant 
under a section described in subsection (a) prior to the 
date of the enactment of this Act for which the applicable 
grant period has not expired may elect to, for the remain-
der of such grant period, carry out such grant in accord-
ance with this Act and the amendments made by this Act. 
Æ 
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