I 
113TH CONGRESS 
1ST SESSION H. R. 2252 
To amend the charter school program under the Elementary and Secondary 
Education Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2013 
Mr. POLIS (for himself, Mr. PETRI, Mr. HINOJOSA, Mr. PAULSEN, Mr. GUTH-
RIE, Mrs. DAVIS of California, Mr. DELANEY, and Mr. SCHOCK) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the charter school program under the Elementary 
and Secondary Education Act of 1965. 
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 2013’’ or the ‘‘All-STAR Act of 
2013’’. 
SEC. 2. REFERENCES. 
Except as otherwise specifically provided, whenever in 
this Act a section or other provision is amended or re-
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
pealed, such amendment or repeal shall be considered to 
be made to that section or other provision of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.). 
SEC. 3. PURPOSE. 
Section 5201 (20 U.S.C. 7221) is amended to read 
as follows: 
‘‘SEC. 5201. PURPOSE. 
‘‘It is the purpose of this subpart to— 
‘‘(1) improve the United States education sys-
tem and educational opportunities for all Americans 
by supporting innovation in public education in pub-
lic school settings that prepare students to compete 
and contribute to the global economy; 
‘‘(2) provide financial assistance for the plan-
ning, program design, and initial implementation of 
charter schools; 
‘‘(3) expand the number of high-quality charter 
schools available to students across the Nation; 
‘‘(4) evaluate the impact of such schools on stu-
dent achievement, families, and communities, and 
share best practices between charter schools and 
other public schools; 
‘‘(5) encourage States to provide support to 
charter schools for facilities financing in an amount 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
more nearly commensurate to the amount the States 
have typically provided for traditional public schools; 
‘‘(6) improve student services to increase oppor-
tunities for students with disabilities, limited 
English proficient students, and other traditionally 
underserved students to attend charter schools and 
meet challenging State academic achievement stand-
ards; and 
‘‘(7) support efforts to strengthen the charter 
school authorizing process to improve performance 
management, including transparency, monitoring, 
and evaluation of such schools.’’. 
SEC. 4. PROGRAM AUTHORIZED. 
Section 5202 (20 U.S.C. 7221a) is amended to read 
as follows: 
‘‘SEC. 5202. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—This subpart authorizes the Sec-
retary to carry out a charter school program that supports 
charter schools that serve elementary school and sec-
ondary school students by— 
‘‘(1) supporting the startup, replication, and ex-
pansion of charter schools; 
‘‘(2) assisting charter schools in accessing cred-
it to acquire and renovate facilities for school use; 
and 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(3) carrying out national and local activities to 
support— 
‘‘(A) the development of high-quality char-
ter schools; 
‘‘(B) the dissemination of best practices of 
charter schools for all schools; and 
‘‘(C) the evaluation of the impact of the 
program on schools participating in the pro-
gram. 
‘‘(b) FUNDING
ALLOTMENT.—From the amount 
made available under section 5211 for a fiscal year, the 
Secretary shall— 
‘‘(1) reserve 12.5 percent to support charter 
school facilities assistance under section 5204; 
‘‘(2) reserve not more than 2.5 percent to carry 
out the technical assistance and best practices under 
section 5205(a) and the evaluation under section 
5205(b), of which 1 percent shall be used to carry 
out such evaluation; 
‘‘(3) reserve not more than 20 percent to award 
grants for local activities under section 5205(c); and 
‘‘(4) use the remaining amount after the Sec-
retary reserves funds under paragraphs (1) through 
(4) to carry out section 5203. 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi-
ent of a grant or subgrant under this subpart or subpart 
2, as such subpart was in effect on the day before the 
date of enactment of the All Students Achieving through 
Reform Act of 2013, shall continue to receive funds in 
accordance with the terms and conditions of such grant 
or subgrant.’’. 
SEC. 5. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 
SCHOOLS. 
Section 5203 (20 U.S.C. 7221b) is amended to read 
as follows: 
‘‘SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 
SCHOOLS. 
‘‘(a) GRANTS TO COVERED ENTITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
from the amount reserved under 5202(b)(5), the 
Secretary shall award grants to covered entities hav-
ing applications approved pursuant to subsection (f) 
to enable such entities to— 
‘‘(A) award subgrants to eligible applicants 
for— 
‘‘(i) opening new charter schools; 
‘‘(ii) replicating high-quality charter 
school models; or 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(iii) expanding high-quality charter 
schools; and 
‘‘(B) provide technical assistance to eligible 
applicants and authorized public chartering 
agencies in carrying out the activities described 
in paragraph (1) and work with authorized pub-
lic chartering agencies in the State to improve 
authorizing quality. 
‘‘(2) SPECIAL RULE.—In the case in which a 
covered entity that is a State educational agency 
elects not to receive a grant under this section or 
does not have an application approved under sub-
section (f), the Secretary may award a grant to an 
eligible applicant that— 
‘‘(A) serves such State; 
‘‘(B) submits an application to the Sec-
retary that would be approved pursuant to sec-
tion 5205(c) if such eligible applicant were to 
apply for a grant under such section; and 
‘‘(C) has not received a grant under such 
section 5205(c). 
‘‘(b) USES OF FUNDS FOR COVERED ENTITIES.— 
‘‘(1) IN GENERAL.—A covered entity receiving 
a grant under this section shall— 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) use 90 percent of the grant funds to 
award subgrants to eligible applicants, in ac-
cordance with the quality charter school pro-
gram described in the covered entity’s applica-
tion approved pursuant to subsection (f), for 
the purposes described in clauses (i) through 
(iii) of subsection (a)(1)(A); and 
‘‘(B) reserve 10 percent of such funds to 
carry out the activities described in subsection 
(a)(1)(B), of which not more than 30 percent 
may be used for administrative costs which may 
include technical assistance. 
‘‘(2) CONTRACTS AND GRANTS.—A covered en-
tity may use a grant received under this section to 
carry out the activities described in subparagraphs 
(A) and (B) of paragraph (1) directly or through 
grants, contracts, or cooperative agreements. 
‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT 
NUMBER AND AMOUNT; DIVERSITY OF PROJECTS; WAIV-
ERS.— 
‘‘(1) PROGRAM PERIODS.— 
‘‘(A) GRANTS.—A grant awarded by the 
Secretary to a covered entity under this section 
shall be for a period of not more than 3 years, 
except that the covered entity may, at the dis-
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
cretion of the Secretary, continue to expend 
grant funds after the end of such 3-year period 
to award subgrants in accordance with sub-
section (b)(1)(A). 
‘‘(B) SUBGRANTS.—A subgrant awarded 
by a covered entity to an eligible applicant 
under this section shall be for a period of not 
more than 3 years. 
‘‘(2) PEER REVIEW.—The Secretary, and each 
covered entity receiving a grant under this section, 
shall use a peer review process to review applications 
for assistance under this section. 
‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec-
retary shall ensure that the number of grants award-
ed under this section and the award amounts will 
allow for a sufficient number of new grants to be 
awarded under this section for each succeeding fiscal 
year. 
‘‘(4) DIVERSITY OF PROJECTS.—Each covered 
entity receiving a grant under this section shall 
award subgrants under this section in a manner 
that, to the extent possible, ensures that such sub-
grants— 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(A) are distributed throughout different 
areas, including urban, suburban, and rural 
areas; and 
‘‘(B) will assist charter schools rep-
resenting a variety of educational approaches. 
‘‘(5) WAIVERS.—The Secretary may waive any 
statutory or regulatory requirement over which the 
Secretary exercises administrative authority except 
any such requirement relating to the elements of a 
charter school described in section 5210(1) or to an 
applicable civil rights requirement, if— 
‘‘(A) the waiver is requested in an ap-
proved application under this section; and 
‘‘(B) the Secretary determines that grant-
ing such a waiver will promote the purpose of 
this subpart. 
‘‘(d) LIMITATIONS.— 
‘‘(1) GRANTS.—A covered entity may not re-
ceive more than 1 grant under this section, unless 
the entity— 
‘‘(A) for each charter school supported 
under the first grant received under this sec-
tion, provides aggregate data demonstrating 
that the students enrolled in the charter school 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
have experienced demonstrated improvement in 
academic achievement; and 
‘‘(B) demonstrates that the funds provided 
under the additional grant will be awarded to 
replicate high-quality charter school models or 
expand high-quality charter schools. 
‘‘(2) SUBGRANTS.—A charter school may not 
receive funds from more than 1 subgrant awarded to 
an eligible applicant under this section. 
‘‘(e) APPLICATIONS.—A covered entity desiring to re-
ceive a grant under this section shall submit an application 
to the Secretary at such time and in such manner as the 
Secretary may require. The application shall include the 
following: 
‘‘(1) DESCRIPTION OF PROGRAM.—A descrip-
tion of the covered entity’s objectives in carrying out 
a quality charter school program under this section 
and how the objectives of the program will be car-
ried out, including a description— 
‘‘(A) of how the entity— 
‘‘(i) will support both new charter 
school startup and the expansion and rep-
lication of high-quality charter school mod-
els; 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(ii) 
will 
inform 
eligible 
charter 
schools, developers, and authorized public 
chartering agencies of the availability of 
funds under the program; 
‘‘(iii) will work with eligible applicants 
to ensure that the applicants access all 
Federal funds that they are eligible to re-
ceive, and help the charter schools sup-
ported by the applicants and the students 
attending the charter schools— 
‘‘(I) participate in the Federal 
programs in which the schools and 
students are eligible to participate; 
and 
‘‘(II) receive the commensurate 
share of Federal funds the schools 
and students are eligible to receive 
under such programs; 
‘‘(iv) in the case in which the entity is 
not a State educational agency— 
‘‘(I) will work with the State edu-
cational 
agency 
and 
the 
charter 
schools in the State to maximize char-
ter school participation in Federal and 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
State programs for charter schools; 
and 
‘‘(II) will work with the State 
educational agency to adequately op-
erate the entity’s program under this 
section, where applicable; 
‘‘(v) will ensure eligible applicants 
that receive a subgrant under the entity’s 
program are prepared to continue to oper-
ate the charter schools receiving the 
subgrant funds once the funds have ex-
pired; 
‘‘(vi) will support charter schools par-
ticipating in the entity’s program and that 
are in local educational agencies with large 
numbers of schools that must comply with 
the requirements of section 1116(b); 
‘‘(vii) will work with charter schools 
participating in the entity’s program to 
promote inclusion of all students and sup-
port all students once they are enrolled to 
promote retention; 
‘‘(viii) will work with such charter 
schools on recruitment practices, including 
efforts to engage groups that may other-
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
wise have limited opportunities to partici-
pate in charter schools; 
‘‘(ix) will share best and promising 
practices between charter schools and 
other public schools, including, where ap-
propriate, instruction and professional de-
velopment in science, math, technology, 
and engineering education; 
‘‘(x) will ensure the charter schools 
they support can meet the educational 
needs of their students, including students 
with disabilities and limited English pro-
ficient students; and 
‘‘(xi) will support efforts to increase 
quality initiatives, including meeting the 
quality authorizing elements described in 
paragraph (2)(E); 
‘‘(B) of the extent to which the entity— 
‘‘(i) is able to meet and carry out the 
priorities listed in subsection (f)(2); and 
‘‘(ii) 
is 
working 
to 
develop 
or 
strengthen a cohesive statewide system to 
support the opening of new charter 
schools, replication of high-quality charter 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
school models, and the expansion of high- 
quality charter schools; 
‘‘(C) of how the entity will carry out the 
subgrant competition, including— 
‘‘(i) a description of the application 
each eligible applicant desiring to receive a 
subgrant will submit, including— 
‘‘(I) a description of the roles 
and responsibilities of eligible appli-
cants, 
partner 
organizations, 
and 
management organizations, including 
the administrative and contractual 
roles and responsibilities; 
‘‘(II) a description of the quality 
controls agreed to between the eligible 
applicant and the authorized public 
chartering agency involved, such as a 
contract or performance agreement, 
and how a school’s performance on 
the State’s accountability system es-
tablished under section 1111(b)(2)(A) 
will be a primary factor for renewal; 
and 
‘‘(III) a description of how the el-
igible applicant will solicit and con-
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
sider input from parents and other 
members of the community on the 
planning, implementation, and oper-
ation of each charter school receiving 
funds under the entity’s program; and 
‘‘(ii) a description of how the entity 
will review applications; 
‘‘(D) in the case of an entity that partners 
with an outside organization to carry out the 
entity’s quality charter school program, in 
whole or in part, of the roles and responsibil-
ities of this partner; 
‘‘(E) of how the entity will support charter 
schools in providing for the transportation 
needs of their students; and 
‘‘(F) of how the entity will support diverse 
charter school models, including models that 
serve rural communities. 
‘‘(2) ASSURANCES.—Assurances, including a 
description of how the assurances will be met, 
that— 
‘‘(A) each charter school receiving funds 
under the entity’s program will have a high de-
gree of autonomy over budget and operations; 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(B) the entity will support charter schools 
in meeting the educational needs of their stu-
dents as described in paragraph (1)(A)(x); 
‘‘(C) the entity will ensure that the author-
ized public chartering agency of any charter 
school that receives funds under the entity’s 
program— 
‘‘(i) ensures that each charter school 
is meeting the obligations under this Act, 
part B of the Individuals with Disabilities 
Education Act, title VI of the Civil Rights 
Act of 1964, section 504 of the Rehabilita-
tion Act of 1973, the Age Discrimination 
Act of 1975, the Americans with Disabil-
ities Act of 1990, section 444 of the Gen-
eral Education Provisions Act (commonly 
known as the ‘Family Educational Rights 
and Privacy Act of 1974’), and title IX of 
the Education Amendments of 1972; 
‘‘(ii) adequately monitors and hold ac-
countable each charter school with respect 
to recruiting, enrolling, and meeting the 
needs of all students, including students 
with disabilities and limited English pro-
ficient students; 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(iii) ensures that each charter school 
provides substantive outreach to students 
from low-income families in its plans to 
open new charter schools, replicate high- 
quality charter school models, or expand 
existing high-quality charter schools; and 
‘‘(iv) ensures that each charter school 
solicits and considers input from parents 
and other members of the community on 
the implementation and operation of the 
school; 
‘‘(D) the entity will provide adequate tech-
nical assistance to eligible applicants to— 
‘‘(i) meet the objectives described in 
clauses (vii) and (viii) of paragraph (1)(A) 
and paragraph (2)(B); and 
‘‘(ii) enroll traditionally underserved 
students, including students with disabil-
ities and limited English proficient stu-
dents, to promote an inclusive education 
environment; 
‘‘(E) the entity will promote quality au-
thorizing, such as through providing technical 
assistance, to support all authorized public 
chartering agencies in the State to improve the 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
monitoring of their charter schools, including 
by— 
‘‘(i) assessing annual performance 
data of the schools, including, as appro-
priate, 
graduation 
rates 
and 
student 
growth; and 
‘‘(ii) reviewing the schools’ inde-
pendent, annual audits of financial state-
ments conducted in accordance with gen-
erally accepted accounting principles, and 
ensuring any such audits are publicly re-
ported; 
‘‘(F) the entity will work to ensure that 
charter schools are included with the traditional 
public local educational agencies in decision- 
making about the public school system in the 
State; and 
‘‘(G) the entity will ensure that each char-
ter school in the State make publicly available, 
consistent with the dissemination requirements 
of the annual State report card, the information 
parents need to make informed decisions about 
the educational options available to their chil-
dren, including information on the educational 
program, student support services, and annual 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
performance and enrollment data for the groups 
of 
students 
described 
in 
section 
1111(b)(2)(C)(v)(II). 
‘‘(3) REQUESTS FOR WAIVERS.—A request and 
justification, meeting the requirements of subpara-
graphs (A) and (B) of section 5203(c)(5), for waiv-
ers of any Federal statutory or regulatory provisions 
that the entity believes are necessary for the success-
ful operation of the charter schools that will receive 
funds under the entity’s program under this section, 
and a description of any State or local rules, gen-
erally applicable to public schools, that will be 
waived, or otherwise not apply to such schools. 
‘‘(f) SELECTION CRITERIA; PRIORITY.— 
‘‘(1) SELECTION
CRITERIA.—The Secretary 
shall award grants under this section to covered en-
tities on the basis of the quality of the applications 
submitted under subsection (e), after taking into 
consideration— 
‘‘(A) for covered entities described in para-
graphs (1) and (3) of subsection (i)— 
‘‘(i) the degree of flexibility afforded 
by the State’s public charter school law 
and how the entity will work to maximize 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
the flexibility provided to charter schools 
under the law; 
‘‘(ii) the ambitiousness of the entity’s 
objectives for the quality charter school 
program carried out under this section; 
‘‘(iii) the quality of the strategy for 
assessing achievement of those objectives; 
‘‘(iv) the likelihood that the eligible 
applicants receiving subgrants under the 
program will meet those objectives and im-
prove educational results for students; 
‘‘(v) the proposed number of new 
charter schools to be opened, and the pro-
posed number of high-quality charter 
schools to be replicated or expanded under 
the program; 
‘‘(vi) the entity’s plan to— 
‘‘(I) adequately monitor the eligi-
ble applicants receiving subgrants 
under the entity’s program; and 
‘‘(II) work with the authorized 
public chartering agencies involved to 
avoid duplication of work for the char-
ter schools and authorized public 
chartering agencies; 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(vii) the entity’s plan to provide ade-
quate technical assistance, as described in 
the entity’s application under subsection 
(e), for the eligible applicants receiving 
subgrants under the entity’s program 
under this section; 
‘‘(viii) the entity’s plan to support 
quality authorizing efforts in the State, 
consistent with the objectives described in 
clause (ii); and 
‘‘(ix) the entity’s plan to solicit and 
consider input from parents and other 
members of the community on the imple-
mentation and operation of the charter 
schools in the State; 
‘‘(B) for covered entities described in para-
graphs (2) and (4) of subsection (i)— 
‘‘(i) the ambitiousness of the entity’s 
objectives for the quality charter school 
program carried out under this section; 
‘‘(ii) the quality of the strategy for as-
sessing achievement of those objectives; 
‘‘(iii) the likelihood that the eligible 
applicants receiving subgrants under the 
entity’s program will meet those objectives 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
and improve educational results for stu-
dents; 
‘‘(iv) the proposed number of new 
charter schools to be opened, and the pro-
posed number of high-quality charter 
schools to be replicated or expanded under 
the program; 
‘‘(v) the entity’s plan to adequately 
monitor the eligible applicants receiving 
subgrants under the entity’s program; 
‘‘(vi) the entity’s plan to provide ade-
quate technical assistance, as described in 
the entity’s application under subsection 
(e), for the eligible applicants receiving 
subgrants under the entity’s program 
under this section; 
‘‘(vii) the extent to which the entity 
has policies and procedures to ensure that 
charter schools in the area served by the 
entity— 
‘‘(I) have equitable access to fa-
cilities 
available 
to 
other 
public 
schools in such area; or 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(II) are not denied access to 
available public school facilities in 
such area; and 
‘‘(viii) the extent to which the entity 
demonstrates support for public school 
choice and provides parents with informa-
tion regarding charter school alternatives; 
and 
‘‘(C) for covered entities described in sub-
section (i)(2), in addition to taking into consid-
eration the items described in clauses (i) 
through (viii) of subparagraph (B), the entity’s 
record of success in authorizing and supporting 
high-quality charter schools. 
‘‘(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to covered 
entities to the extent that such entities meet the fol-
lowing criteria: 
‘‘(A) STATES.—For covered entities de-
scribed in paragraphs (1) and (3) of subsection 
(i): 
‘‘(i) The entity is located in a State 
that has a quality authorized public char-
tering agency that is an entity other than 
a local educational agency. 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(ii) The entity is located in a State 
that does not impose any limitation on the 
number or percentage of charter schools 
that may exist or the number or percent-
age of students that may attend charter 
schools in the State. 
‘‘(iii) The entity is located in a State 
that ensures equitable financing, as com-
pared to traditional public schools, for 
charter schools and students in a prompt 
manner. 
‘‘(iv) The entity is located in a State 
that uses charter schools and best prac-
tices from charter schools to help improve 
struggling schools and local educational 
agencies. 
‘‘(v) The entity partners with an orga-
nization that has a demonstrated record of 
success in developing management organi-
zations to support the development of 
charter schools in the State. 
‘‘(vi) The entity demonstrates quality 
policies and practices to support and mon-
itor charter schools through factors includ-
ing— 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(I) the proportion of high-qual-
ity charter schools in the State; and 
‘‘(II) the proportion of charter 
schools enrolling, at a rate similar to 
traditional public schools, traditionally 
underserved students, including stu-
dents with disabilities and limited 
English proficient students. 
‘‘(vii) The entity supports charter 
schools that support at-risk students 
through activities such as dropout preven-
tion or dropout recovery. 
‘‘(viii) The entity authorizes all char-
ter schools in the State to serve as school 
food authorities. 
‘‘(ix) The entity is located in a State 
that authorizes any charter school to be a 
local educational agency in accordance with 
State law. 
‘‘(x) The entity is located in a State 
that allows appeals of decisions of author-
ized public chartering agencies. 
‘‘(xi) The entity is located in a State 
that funds local educational agencies based 
on an average daily enrollment or attend-
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
ance count or based on more than one an-
nual enrollment count. 
‘‘(xii) The entity is located in a State 
with a law or policy such that per pupil 
revenues are shared between local edu-
cational agencies to reflect split student 
enrollment in 2 or more part-time edu-
cational programs operated or authorized 
by different local educational agencies. 
‘‘(xiii) The entity has taken steps to 
ensure that all authorized public chartering 
agencies implement practices that comply 
with nationally recognized best practices 
for quality charter school authorizing. 
‘‘(xiv) The entity has policies and pro-
cedures to ensure that charter schools 
identified as failing under the account-
ability system established under section 
1111(b)(2)(A) of the State in which the 
entity is located are closed, do not have 
their charters renewed, or are not other-
wise allowed to continue operating, except 
in special circumstances determined by the 
State for charter schools— 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(I) designated through a State 
system as alternative education pro-
grams with an explicit mission to 
serve students who have failed in tra-
ditional systems or large proportions 
of extremely at-risk students, such as 
students with moderate to profound 
disabilities or incarcerated youth; and 
‘‘(II) that are required to comply 
with the accountability system estab-
lished under section 1111(b)(2)(A) of 
the State. 
‘‘(B) LOCAL EDUCATIONAL AGENCIES AND 
AUTHORIZED
PUBLIC
CHARTERING
AGEN-
CIES.—For covered entities described in para-
graphs (2) and (4) of subsection (i): 
‘‘(i) The entity does not impose, to 
the extent allowable under State law, any 
limitation on the number or percentage of 
charter schools that may exist or the num-
ber or percentage of students that may at-
tend charter schools. 
‘‘(ii) The entity provides, to the extent 
allowed under State law, equitable financ-
ing, as compared to traditional public 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS
schools, for charter schools and students 
who attend such schools in a prompt man-
ner. 
‘‘(iii) The entity demonstrates quality 
policies and practices to support and mon-
itor charter schools through factors, in-
cluding the proportion of charter schools 
enrolling, at a rate similar to traditional 
public schools, traditionally underserved 
students, including students with disabil-
ities and limited English proficient stu-
dents. 
‘‘(iv) The entity supports charter 
schools that support at-risk students 
through activities such as dropout preven-
tion or dropout recovery. 
‘‘(v) The entity authorizes all charter 
schools it authorizes to serve as school food 
authorities to the extent allowed under 
State law. 
‘‘(vi) The entity has taken steps to en-
sure that it complies with nationally recog-
nized best practices for quality charter 
school authorizing. 
VerDate Mar 15 2010 
05:36 Jun 06, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2252.IH
H2252
smartinez on DSK6TPTVN1PROD with BILLS