I 
111TH CONGRESS 
1ST SESSION H. R. 4330 
To provide high-quality public charter school options for students by enabling 
such public charter schools to expand and replicate. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. POLIS of Colorado (for himself, Ms. BERKLEY, Mr. CAO, Ms. DEGETTE, 
Mr. EHLERS, Mr. HIMES, Mr. HINOJOSA, Mr. HOLT, Mr. KLEIN of Flor-
ida, Ms. KOSMAS, Mr. MURPHY of Connecticut, Mr. PATRICK J. MURPHY 
of Pennsylvania, Ms. NORTON, Mr. PAULSEN, Mr. PERLMUTTER, and 
Mr. PERRIELLO) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To provide high-quality public charter school options for stu-
dents by enabling such public charter schools to expand 
and replicate. 
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 ‘‘All Students Achieving 
through Reform Act of 2009’’ or ‘‘All-STAR Act of 2009’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act to support State efforts 
to expand and replicate high-quality public charter schools 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
to enable such schools to serve additional students, with 
a priority to serve those students who attend identified 
schools or schools with a low graduation rate. 
SEC. 3. SUPPORT FOR PROVEN CHARTER SCHOOLS AND IN-
CREASING THE SUPPLY OF HIGH-QUALITY 
CHARTER SCHOOLS. 
(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated under section 13 for any fiscal year, the Sec-
retary shall award grants, on a competitive basis, to eligi-
ble entities to make subgrants to eligible public charter 
schools, and carry out the other activities described in sec-
tion 6, to allow such schools to serve additional students 
through the expansion and replication of such schools. 
(b) AMOUNT OF GRANTS.—In determining the grant 
amount to be awarded under this section to an eligible 
entity, the Secretary shall take into consideration— 
(1) the number of eligible public charter schools 
under the jurisdiction of the eligible entity that are 
operating, are approved to open, or are likely to 
open during the duration of the grant; 
(2) the number of seats for new students that 
could be created in such schools with such grant; 
(3) the number of students eligible for free or 
reduced price lunches under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
who are on waiting lists for charter schools under 
the jurisdiction of the eligible entity, and other infor-
mation with respect to charter schools in such juris-
diction that suggest the interest of parents in char-
ter school enrollment for their children; 
(4) the number of students attending identified 
schools and schools with a low graduation rate in the 
State where an eligible entity intends to replicate or 
expand eligible public charter schools; and 
(5) the success of the eligible entity in over-
seeing public charter schools and the likelihood of 
continued or increased success because of the grant 
under this Act. 
(c) DURATION OF GRANTS.—Grants under this Act 
shall be awarded for a period of up to 5 years and may 
be continued for up to a period of 5 additional years at 
the discretion of the Secretary. 
SEC. 4. APPLICATION REQUIREMENTS. 
(a) APPLICATION REQUIREMENTS.—To be consid-
ered for a grant under this Act, an eligible entity shall 
submit an application to the Secretary at such time, in 
such manner, and containing such information as the Sec-
retary may require. 
(b) CONTENTS.—The application described in sub-
section (a) shall include, at a minimum, the following: 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(1) RECORD OF SUCCESS.—Documentation of 
the record of success of the eligible entity in over-
seeing or operating public charter schools, includ-
ing— 
(A) the performance of students on the 
academic assessments described in section 
1111(b)(3) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(3)) 
of the State where such schools are located, 
disaggregated by— 
(i) economic disadvantage; 
(ii) race and ethnicity; 
(iii) disability status; and 
(iv) level of English proficiency; 
(B) the status of such schools under sec-
tion 1116 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316) in 
making adequate yearly progress or as identi-
fied schools; and 
(C) in the case of high schools, the gradua-
tion rates and rates of college enrollment and 
persistence of such schools. 
(2) PLAN.—A plan for using funds received 
under this Act for— 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(A) replicating and expanding eligible char-
ter schools operated or overseen by the eligible 
entity; 
(B) identifying eligible public charter 
schools, or networks of public charter schools, 
to receive subgrants under this Act; 
(C) increasing the number of seats in eligi-
ble public charter schools for students attending 
identified schools and schools with a low grad-
uation rate; 
(D) ensuring that eligible public charter 
schools receiving a subgrant under this Act en-
roll students through a random lottery for ad-
mission, unless the charter school is using the 
subgrant to expand the school to serve addi-
tional grades, in which case such school may re-
serve seats in the additional grades for— 
(i) each student enrolled in the grade 
preceding each such additional grade; and 
(ii) siblings of students enrolled in the 
charter school, if such siblings desire to en-
roll in such grade; 
(E) the manner in which the eligible entity 
will work with identified schools, and schools 
with low graduation rates, under its jurisdiction 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
or the jurisdiction where the eligible entity in-
tends to replicate or expand eligible public char-
ter schools, and the local educational agencies 
serving such schools that are eligible to enroll 
students in a public charter school receiving a 
subgrant under this Act, to— 
(i) engage in community outreach and 
communicate with parents of students at 
identified schools and schools with low 
graduation rates who are eligible to attend 
a 
public 
charter 
school 
receiving 
a 
subgrant under this Act about the oppor-
tunity to enroll in such school, in a manner 
consistent with section 444 of the General 
Education 
Provisions 
Act 
(commonly 
known as the ‘‘Family Educational Rights 
and Privacy Act of 1974’’ (20 U.S.C. 
1232g)); 
(ii) notify parents of students at such 
schools of the option to transfer to an eli-
gible public charter school receiving a 
subgrant under this Act; 
(iii) provide information to parents of 
students at such schools, in a language 
that the parents can understand, to enable 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
the eligible entity intends to replicate or expand 
eligible public charter schools; and 
(G) students, and the percentage of stu-
dents, in a local educational agency who are at-
tending eligible public charter schools that may 
receive a subgrant under this Act from the eli-
gible entity. 
(4) TRADITIONAL
PUBLIC
SCHOOL
INFORMA-
TION.—In the case of an eligible entity that is a 
State educational agency or local educational agency, 
a list of the following schools under the jurisdiction 
of the eligible entity, including the name and loca-
tion of each such school, and such demographic and 
socioeconomic information as the Secretary may re-
quire: 
(A) Identified schools. 
(B) Schools with a low graduation rate. 
(5) ASSURANCE.—An assurance that the State 
educational agency will include in the notifications 
provided under section 1116(c)(6) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6316(c)(6)) to parents of each student enrolled in a 
school served by a local educational agency identified 
for improvement under such section, information (in 
a language that the parents can understand) about 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
the eligible public charter schools receiving sub-
grants under this Act. 
SEC. 5. PRIORITIES FOR AWARDING GRANTS. 
In awarding grants under this section, the Secretary 
shall give priority to an eligible entity— 
(1) that serves or plans to serve a large per-
centage of low-income students from identified 
schools or public schools with a low graduation rate; 
(2) that oversees or plans to oversee one or 
more eligible public charter schools; 
(3) that is effectively monitoring the academic 
success of students who attend eligible public charter 
schools under the jurisdiction of the eligible entity; 
(4) that is under the jurisdiction of, or plans to 
make subgrants under this Act in, a State that— 
(A) ensures that all public charter schools 
(including such schools served by a local edu-
cational agency and such schools considered to 
be a local educational agency under State law) 
receive, in a timely manner, the Federal, State, 
and local funds to which such schools are enti-
tled under applicable law; and 
(B) does not have a cap that restricts the 
growth of public charter schools in the State; 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(C) provides funding (such as capital aid 
distributed through a formula or access to rev-
enue generated bonds) on a per-pupil basis to 
public charter schools (including funding for 
school facilities) commensurate with the amount 
of funding (including funding for school facili-
ties) provided to traditional public schools; 
(D) supports public charter schools, and 
has in place innovative policies that support 
academically successful charter school growth; 
(E) authorizes public charter schools to 
offer early childhood education programs, in-
cluding pre-kindergarten, in accordance with 
State law; 
(F) ensures that each public charter school 
in the State— 
(i) has a high degree of autonomy 
over the public charter school’s budgets 
and expenditures; 
(ii) has a written performance con-
tract with an authorized public chartering 
agency that ensures that the school has an 
independent governing board and such 
board has a high degree of autonomy; and 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(iii) in the case of an eligible public 
charter school receiving a subgrant under 
this Act, amends its charter to reflect the 
growth activities described in section 6; 
(G) has an appeals process for the denial 
of an application for a charter school; 
(H) provides for an authorized public char-
tering agency that is not a local educational 
agency, such as a State chartering board, for 
each individual or entity seeking to operate a 
charter school pursuant to such State law; 
(I) allows any public charter school to be 
a local educational agency in accordance with 
State law; 
(J) ensures that each authorized public 
chartering agency in the State submits reports 
to the State educational agency (which shall be 
made public) on the performance of the schools 
authorized or approved by such public char-
tering agency, which includes information such 
as— 
(i) the authorized public chartering 
agency’s strategic plan for authorizing or 
approving public charter schools and any 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
progress toward achieving the objectives of 
the strategic plan; 
(ii) the authorized public chartering 
agency’s policies for authorizing or approv-
ing public charter schools, including wheth-
er (among other factors) such policies ex-
amine a school’s— 
(I) financial plan and policies, in-
cluding financial controls and audit 
requirements; 
(II) plan for identifying and suc-
cessfully (in compliance with applica-
ble laws and regulations) serving stu-
dents with disabilities, students who 
are English language learners, stu-
dents who are academically behind 
their peers, and gifted students; and 
(III) capacity and capability to 
successfully launch and subsequently 
operate a public charter school, in-
cluding the backgrounds of the indi-
viduals applying to the agency to op-
erate such school; 
(iii) the authorized public chartering 
agency’s policies for renewing, not renew-
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
ing, and revoking public charter schools’ 
charters; 
(iv) the authorized public chartering 
agency’s transparent, timely, and effective 
process for closing down academically un-
successful charter schools; 
(v) the academic performance of each 
operating public charter school authorized 
or approved by the authorized public char-
tering agency, including the information 
reported by the State in the State annual 
report card under section 1111(h)(1)(C) of 
the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(h)(1)(C)); 
(vi) the status of the authorized public 
chartering agency’s charter school port-
folio, identifying all charter schools in the 
categories of approved (but not yet open), 
operating, renewed, transferred, revoked, 
not renewed, voluntarily closed, or never 
opened by such public chartering agency; 
(vii) the authorizing functions (such 
as approval, monitoring, and oversight) 
provided by the authorized public char-
tering agency to the public charter schools 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
authorized or approved by such agency, in-
cluding an itemized accounting of the ac-
tual costs of such functions; and 
(viii) the services purchased (such as 
accounting, transportation, and data man-
agement and analysis) from the public 
chartering agency by the public charter 
schools authorized or approved by such 
agency, including an itemized accounting 
of the actual costs of these services; 
(K) has or will have (within 1 year after 
receiving a grant award under this Act) a State 
policy and process for overseeing and reviewing 
the effectiveness and quality of the State’s au-
thorized public chartering agencies, including— 
(i) a process for reviewing and evalu-
ating the performance of the authorized 
public chartering agencies in authorizing 
or approving charter schools, including a 
process that enables the authorized public 
chartering agencies to respond to any 
State concerns or deficiencies regarding 
such authorizing or approving; and 
(ii) any other necessary policies to en-
sure effective charter school authorizing in 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
the State that are developed in conjunction 
with the State’s charter school community 
in accordance with the principles of quality 
charter school authorizing, as determined 
by the State in consultation with the char-
ter school community and stakeholders; 
and 
(L) that, in the case of an eligible entity 
that is a local educational agency under State 
law, has a cooperative agreement under section 
1116(b)(11) of the Elementary and Secondary 
(20 U.S.C. 6316(b)(11)). 
SEC. 6. USE OF FUNDS. 
An eligible entity receiving a grant under this Act 
may only use the grant funds for the following: 
(1) SUBGRANTS.— 
(A) IN GENERAL.—To award subgrants, in 
such amount as the eligible entity determines is 
appropriate, to eligible public charter schools to 
replicate or expand such schools. 
(B) 
APPLICATION.—An 
eligible 
public 
charter school desiring to receive a subgrant 
under this section shall submit an application to 
the eligible entity at such time, in such manner, 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
and containing such information as the Sec-
retary may require. 
(C) USES OF FUNDS.—An eligible public 
charter school receiving a subgrant under this 
section shall use the subgrant funds to— 
(i) provide for increases in each such 
school’s enrollment of students through the 
replication or expansion of such school; 
(ii) support the physical expansion of 
school buildings, including financing the 
development of new buildings and cam-
puses to meet increased enrollment needs; 
(iii) pay costs associated with hiring 
additional teachers to serve additional stu-
dents; 
(iv) provide transportation to addi-
tional students to and from each such 
school, including providing transportation 
to students who transfer to each such 
school under a cooperative agreement es-
tablished under section 1116(b)(11) of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6316(b)(11)); 
(v) purchase instructional materials, 
implement teacher and principal profes-
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
sional development programs, and hire ad-
ditional non-teaching staff; and 
(vi) support any necessary activities 
associated with each such school serving 
additional students. 
(D) PRIORITY.—In awarding subgrants 
under this section, an eligible entity shall give 
priority to each eligible public charter school— 
(i) that has significantly closed the 
achievement gap between the groups of 
students 
described 
in 
section 
1111(b)(2)(C)(v) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)(v)); 
(ii) that— 
(I) ranks in at least the top 25th 
percentile in the State, based on en-
rollment, among all students ranked 
by the percentage of students in the 
proficient or advanced level of achieve-
ment on the State’s academic assess-
ments in mathematics and reading de-
scribed in section 1111(b)(3) of the 
Elementary and Secondary Act of 
1965 (20 U.S.C. 6311(b)(3)), or has 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
an average student score on an exam 
(chosen by the Secretary) that is at 
least in the 60th percentile in reading 
and at least in the 75th percentile in 
math; and 
(II) serves a high-need student 
population and is eligible to partici-
pate in a schoolwide program under 
section 1114 of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6314), with additional priority 
given to schools that serve a greater 
percentage of low-income students, as 
compared to other schools that have 
submitted an application under this 
section, and at least 2 groups of stu-
dents 
described 
in 
section 
1111(b)(2)(C)(v) of such Act (20 
U.S.C. 6311(b)(2)(C)(v)); or 
(iii) that meets the criteria described 
in clause (i) and serves low-income stu-
dents who have transferred to such school 
under a cooperative agreement described in 
section 
1116(b)(11) 
(20 
U.S.C. 
6316(b)(11)). 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(E) 
DURATION
OF
SUBGRANT.—A 
subgrant under this section shall be awarded 
for a period of up to 5 years. 
(2) FACILITY FINANCING AND REVOLVING LOAN 
FUND.—An eligible entity may use up to 20 percent 
of the amount of the grant funds received under this 
Act to establish a reserve account described in sec-
tion 7 to facilitate public charter school facility ac-
quisition and development by— 
(A) conducting credit enhancement initia-
tives (as referred to in subpart 2 of part B of 
title V of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7223 et seq.) in 
support of the development of facilities for eligi-
ble public charter schools serving students; 
(B) establishing a revolving loan fund for 
use by an eligible public charter school receiving 
a subgrant under paragraph (1) from the eligi-
ble entity under such terms as may be deter-
mined by the eligible entity to allow such school 
to expand to serve additional students; 
(C) facilitating, through direct expenditure 
or financing, the acquisition or development of 
public charter school buildings by the eligible 
entity or an eligible public charter school receiv-
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
ing a subgrant under paragraph (1) from the 
eligible entity, which may be used as both per-
manent locations for eligible public charter 
schools or incubators for growing charter 
schools; or 
(D) establishing a partnership with 1 or 
more community development financial institu-
tions (as defined in section 103(5) of the Com-
munity Development Banking and Financial In-
stitutions Act of 1994 (12 U.S.C. 4702(5)) or 
other mission-based financial institutions to 
carry out the activities described in subpara-
graphs (A), (B), and (C). 
(3) ADMINISTRATIVE TASKS AND OUTREACH.— 
(A) IN GENERAL.—An eligible entity may 
use not more than 5 percent of the grant funds 
awarded under this Act to cover the administra-
tive tasks and outreach associated with carrying 
out paragraphs (1) and (2). 
(B) NONPROFIT ASSISTANCE.—In carrying 
out the administrative tasks and outreach de-
scribed in subparagraph (A), eligible entities 
may contract with an organization described in 
section 501(c)(3) of the Internal Revenue Code 
of 1986 (26 U.S.C. 501(c)(3)) and exempt from 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
tax under section 501(a) of such Code (26 
U.S.C. 501(a)). 
SEC. 7. RESERVE ACCOUNT. 
(a) IN GENERAL.—To assist eligible entities in the 
development of new public charter school buildings or fa-
cilities for eligible public charter schools serving students, 
an eligible entity receiving a grant under this Act that the 
entity has allocated for such purpose may, in accordance 
with State and local law, directly or indirectly, alone or 
in collaboration with others, deposit the funds received 
under this Act in a reserve account established and main-
tained by the eligible entity for that purpose. 
(b) INVESTMENT.—Funds received under this Act 
and deposited in the reserve account established under this 
section shall be invested in obligations issued or guaran-
teed by the United States or a State, or in other similarly 
low-risk securities. 
(c) REINVESTMENT OF EARNINGS.—Any earnings on 
funds received under this section shall be deposited in the 
reserve account established under this section and used 
in accordance with the purpose described in subsection (a). 
(d) RECOVERY OF FUNDS.— 
(1) IN
GENERAL.—The Secretary, in accord-
ance with chapter 37 of title 31, United States 
Code, shall collect— 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(A) all funds in a reserve account estab-
lished by an eligible entity under this section if 
the Secretary determines, not earlier than 2 
years after the date the eligible entity first re-
ceived funds under this Act, that the eligible en-
tity has failed to make substantial progress car-
rying out the purpose described in subsection 
(a); or 
(B) all or a portion of the funds in a re-
serve account established by an eligible entity 
under this section if the Secretary determines 
that the eligible entity has permanently ceased 
to use all or a portion of funds in such account 
to accomplish the purpose described in sub-
section (a). 
(2) EXERCISE OF AUTHORITY.—The Secretary 
shall not exercise the authority provided in para-
graph (1) to collect from any eligible entity any 
funds that are being properly used to achieve such 
purpose. 
(3) PROCEDURES.—Sections 451, 452, and 458 
of the General Education Provisions Act (20 U.S.C. 
1234; 1234a; 1234g) shall apply to the recovery of 
funds under paragraph (1). 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(4) CONSTRUCTION.—This subsection shall not 
be construed to impair or affect the authority of the 
Secretary to recover funds under part D of the Gen-
eral Education Provisions Act (20 U.S.C. 1234 et 
seq.). 
(e) REALLOCATION.—Any funds collected by the Sec-
retary under subsection (d) shall be awarded to eligible 
entities receiving grants under this Act in the next fiscal 
year. 
SEC. 8. FINANCIAL RESPONSIBILITY. 
The financial records of each eligible entity and eligi-
ble public charter school receiving a grant or subgrant 
under this Act shall be maintained in accordance with gen-
erally accepted accounting principles and shall be subject 
to an annual audit by an independent public accountant. 
SEC. 9. NATIONAL EVALUATION. 
(a) NATIONAL EVALUATION.—From the amounts ap-
propriated under section 13, not sooner than 3 years after 
the date of the enactment of this Act, the Secretary shall 
conduct an independent, comprehensive, and scientifically 
sound evaluation, by grant or contract and using the high-
est quality research design available, of the impact on stu-
dent achievement of the activities carried out under this 
Act. 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(b) REPORT.—Not later than 4 years after the date 
of the enactment of this Act, and biannually thereafter, 
the Secretary shall submit to Congress a report on the 
results of the evaluation described in subsection (a). 
SEC. 10. REPORTS. 
Each eligible entity receiving a grant under this Act 
shall prepare and submit to the Secretary the following: 
(1) REPORT.—A report that contains such in-
formation as the Secretary may require concerning 
use of the grant funds by the eligible entity, includ-
ing the academic achievement of the students at-
tending eligible public charter schools as a result of 
the grant. Such report shall be submitted before the 
end of the 4-year period beginning on the date of en-
actment of this Act and every 2 years thereafter. 
(2) PERFORMANCE INFORMATION.—Such per-
formance information as the Secretary may require 
for the national evaluation conducted under section 
10(a). 
SEC. 11. REGULATIONS. 
The Secretary is authorized to prescribe regulations 
necessary to implement this Act. 
SEC. 12. DEFINITIONS. 
In this Act, the following definitions apply: 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(1) ADEQUATE YEARLY PROGRESS.—The term 
‘‘adequate yearly progress’’ has the meaning given 
such term in a State’s plan under section 
1111(b)(2)(C) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)). 
(2) ADMINISTRATIVE TASKS AND OUTREACH.— 
The term ‘‘administrative tasks and outreach’’ in-
cludes costs and activities associated with— 
(A) recruiting and selecting students to at-
tend eligible public charter schools; 
(B) outreach to parents of students en-
rolled in identified schools or schools with low 
graduation rates; 
(C) providing information to such parents 
and school officials at such schools regarding el-
igible public charter schools receiving subgrants 
under this Act; and 
(D) necessary oversight of the grant pro-
gram. 
(3) AUTHORIZED PUBLIC CHARTERING AGEN-
CY.—The term ‘‘authorized public chartering agen-
cy’’ has the meaning given such term under section 
5210(4) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221i(4)). 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(4) CHARTER
SCHOOL.—The term ‘‘charter 
school’’ has the meaning given such term under sec-
tion 5210(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221i(1)) and shall 
include dual language charter schools and charter 
schools providing pre-kindergarten and adult edu-
cation services. 
(5) DEVELOPER.—The term ‘‘developer’’ has 
the meaning given such term under section 5210(2) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221i(2))). 
(6) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State educational agency; 
(B) an authorized public chartering agen-
cy; 
(C) a local educational agency that has au-
thorized or is planning to authorize a public 
charter school; or 
(D) an organization— 
(i) described in section 501(c)(3) of 
the Internal Revenue Code of 1986 (26 
U.S.C. 501(c)(3)); 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(ii) exempt from tax under section 
501(a) of such Code (26 U.S.C. 501(a)); 
and 
(iii) that has an organizational mis-
sion and record of success supporting the 
replication and expansion of high-quality 
charter schools. 
(7) ELIGIBLE PUBLIC CHARTER SCHOOL.—The 
term ‘‘eligible public charter school’’ means a char-
ter school, including a charter school that is being 
developed by a developer— 
(A) that has made adequate yearly 
progress for the last 2 consecutive school years; 
and 
(B) if a high school, that has met or ex-
ceeded the most recent graduation rate identi-
fied by the State receiving a grant under this 
Act for the purposes of defining adequate yearly 
progress 
in 
such 
State 
under 
section 
1111(b)(2)(C) the Elementary and Secondary 
Act of 1965 (20 U.S.C. 6311(b)(2)(C)). 
(8) IDENTIFIED SCHOOL.—The term ‘‘identified 
school’’ means a school identified for school improve-
ment, corrective action, or restructuring under sec-
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
tion 1116(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6316(b)). 
(9) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’— 
(A) has the meaning given such term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); and 
(B) includes any charter school that is a 
local educational agency (as defined in subpara-
graph (A)), as determined by State law. 
(10) LOW-INCOME STUDENT.—The term ‘‘low- 
income student’’ means a student eligible for free or 
reduced priced lunches under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et seq.) 
(11) GRADUATION RATE.—The term ‘‘gradua-
tion rate’’ has the meaning given the term in section 
1111 (b)(2)(C)(vi) of the Elementary and Secondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6311(b)(2)(C)(vi)), 
as 
clarified 
in 
section 
200.19(b)(1) of title 34, Code of Federal Regula-
tions. 
(12) SCHOOL YEAR.—The term ‘‘school year’’ 
has the meaning given such term in section 12(d) of 
the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1760(d)). 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS
(13) SECRETARY.—The tem ‘‘Secretary’’ means 
the Secretary of Education. 
(14) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, and 
the Bureau of Indian Affairs for purposes of serving 
schools funded by the Bureau. 
(15) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
such term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(16) TRADITIONAL PUBLIC SCHOOL.—The term 
‘‘traditional public school’’ does not include charter 
schools as defined under section 5210(1) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7221i(1)). 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act $500,000,000 for fiscal year 2010 and such sums 
as may be necessary for each of the 5 succeeding fiscal 
years. 
Æ 
VerDate Nov 24 2008 
07:27 Dec 18, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6301
E:\BILLS\H4330.IH
H4330
dcolon on DSK2BSOYB1PROD with BILLS