charter school, including a public charter school that 
is being developed by a developer, that— 
‘‘(A) has made adequate yearly progress 
for the last 2 of 3 consecutive school years; 
‘‘(B) has, if available, an average student 
academic, longitudinal academic growth on 
State academic assessments in mathematics and 
reading described in section 1111(b)(3) (as de-
fined by the Secretary or State law) that is at 
or above the State average growth on such as-
sessments from 1 academic year to the next 
academic year; and 
‘‘(C) in the case of a public charter school 
that is a secondary school, has, for the most re-
cent school year for which data is available, met 
or exceeded the graduation rate required by the 
State in order to make adequate yearly progress 
for such year. 
‘‘(6) IDENTIFIED SCHOOL.—The term ‘identi-
fied school’ means a school identified for school im-
provement, corrective action, or restructuring under 
paragraph (1), (7), or (8) of section 1116(b). 
‘‘(7) LOCAL EDUCATIONAL AGENCY.—The term 
‘local educational agency’ includes any charter school 
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that is a local educational agency, as determined by 
State law. 
‘‘(8) LOW-INCOME STUDENT.—The term ‘low- 
income student’ means a student eligible for free or 
reduced price lunches under the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et 
seq.). 
‘‘(9) GRADUATION RATE.—The term ‘gradua-
tion rate’ has the meaning given the term in section 
1111(b)(2)(C)(vi), 
as 
clarified 
in 
section 
200.19(b)(1) of title 34, Code of Federal Regula-
tions. 
‘‘(10) SCHOOL
FOOD
AUTHORITY.—The term 
‘school food authority’ has the meaning given the 
term in section 250.3 of title 7, Code of Federal 
Regulations (or any corresponding similar regulation 
or ruling), except that the term may include a con-
sortium of charter schools. 
‘‘(11) 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)). 
‘‘(12) TRADITIONAL
PUBLIC
SCHOOL.—The 
term ‘traditional public school’ does not include any 
charter school, as defined in section 5211.’’. 
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(b) AUTHORIZATION OF APPROPRIATIONS.—Part B 
of title V of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7221 et seq.) is amended— 
(1) by striking section 5231; and 
(2) by inserting before subpart 1 the following: 
‘‘SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR 
SUBPARTS 1 AND 2. 
‘‘(a) IN GENERAL.—Of the amounts appropriated for 
fiscal year 2012 and each of the succeeding 5 years to 
carry out subparts 1 and 2, the Secretary shall spend no 
less than 20 percent and no more than 40 percent on rep-
lication and expansion of high-quality charter schools. 
‘‘(b) ALLOCATION.—In allocating funds appropriated 
under this section for any fiscal year, the Secretary shall 
consider— 
‘‘(1) the relative need among the programs car-
ried out under sections 5202, 5205, 5210, and sub-
part 2; and 
‘‘(2) the quality of the applications submitted 
for such programs.’’. 
(c) CONFORMING AMENDMENTS.—The Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended— 
(1) in section 2102(2) (20 U.S.C. 6602(2)), by 
striking ‘‘5210’’ and inserting ‘‘5211’’; 
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(2) in section 5204(e) (20 U.S.C. 7221c(e)), by 
striking ‘‘5210(1)’’ and inserting ‘‘5211(1)’’; 
(3) in section 5211(1) (as redesignated by sub-
section (a)(1)) (20 U.S.C. 7221i(1)), by striking 
‘‘The term’’ and inserting ‘‘Except as otherwise pro-
vided, the term’’; 
(4) in section 5230(1) (20 U.S.C. 7223i(1)), by 
striking ‘‘5210’’ and inserting ‘‘5211’’; and 
(5) in section 5247(1) 20 U.S.C. 7225f(1)), by 
striking ‘‘5210’’ and inserting ‘‘5211’’. 
(d) TABLE OF CONTENTS.—The table of contents of 
the Elementary and Secondary Education Act of 1965 is 
amended— 
(1) by inserting before the item relating to sub-
part 1 of part B of title V the following: 
‘‘Sec. 5200. Authorization of appropriations for subparts 1 and 2.’’; 
(2) by striking the items relating to sections 
5210 and 5211; and 
(3) by inserting after the item relating to sec-
tion 5209 the following: 
‘‘Sec. 5210. Charter school expansion and replication. 
‘‘Sec. 5211. Definitions.’’. 
Æ 
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