IIB 
112TH CONGRESS 
1ST SESSION H. R. 2218 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 14, 2011 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Empowering Parents 
through Quality Charter Schools Act’’. 
SEC. 2. REFERENCES. 
Except as otherwise specifically provided, whenever in 
this Act a section or other provision is amended or re-
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; 
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‘‘(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 
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 
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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 
‘‘(3) carrying out national activities to sup-
port— 
‘‘(A) charter school development; 
‘‘(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 15 percent to support charter 
school facilities assistance under section 5204; 
‘‘(2) reserve not more than 5 percent to carry 
out national activities under section 5205; and 
‘‘(3) use the remaining amount after the Sec-
retary reserves funds under paragraphs (1) and (2) 
to carry out section 5203. 
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‘‘(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 Empowering Parents through 
Quality Charter Schools Act, 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) IN GENERAL.—From the amount reserved 
under section 5202(b)(3), the Secretary shall award 
grants to State entities having applications approved pur-
suant to subsection (f) to enable such entities to— 
‘‘(1) award subgrants to eligible applicants 
for— 
‘‘(A) opening new charter schools; 
‘‘(B) opening replicable, high-quality char-
ter school models; or 
‘‘(C) 
expanding 
high-quality 
charter 
schools; and 
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‘‘(2) provide technical assistance to eligible ap-
plicants and authorized public chartering agencies in 
carrying out the activities described in paragraph (1) 
and work with authorized public chartering agencies 
in the State to improve authorizing quality. 
‘‘(b) STATE USES OF FUNDS.— 
‘‘(1) IN GENERAL.—A State entity receiving a 
grant under this section shall— 
‘‘(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 entity’s application ap-
proved pursuant to subsection (f), for the pur-
poses described in subparagraphs (A) through 
(C) of subsection (a)(1); and 
‘‘(B) reserve 10 percent of such funds to 
carry out the activities described in subsection 
(a)(2), of which not more than 30 percent may 
be used for administrative costs which may in-
clude technical assistance. 
‘‘(2) CONTRACTS AND GRANTS.—A State entity 
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. 
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subgrants under this section in a manner that, to 
the extent possible, ensures that such subgrants— 
‘‘(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), 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 State entity may not receive 
more than 1 grant under this section for a 5-year 
period. 
‘‘(2) SUBGRANTS.—An eligible applicant may 
not receive more than 1 subgrant under this section 
per charter school for a 5-year period, unless the eli-
gible applicant demonstrates to the State entity not 
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less than 3 years of improved educational results in 
the areas described in subparagraphs (A) and (D) of 
section 5210(6) for students enrolled in such charter 
school. 
‘‘(e) APPLICATIONS.—A State 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 entity’s objectives in running a quality 
charter school program under this section and how 
the objectives of the program will be carried out, in-
cluding 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; 
‘‘(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 
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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 
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; 
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‘‘(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 in 
local educational agencies with large num-
bers of schools that must comply with the 
requirements of section 1116(b); 
‘‘(vii) will work with charter schools to 
promote inclusion of all students and sup-
port all students once they are enrolled to 
promote retention; 
‘‘(viii) will work with charter schools 
on recruitment practices, including efforts 
to engage groups that may otherwise have 
limited opportunities to participate in char-
ter 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; 
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‘‘(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 
and replicable, high-quality charter 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-
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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 academic accountability 
system will be a primary factor for re-
newal; and 
‘‘(III) a description of how the el-
igible applicant will solicit and con-
sider input from parents and other 
members of the community on the im-
plementation and operation 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 
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whole or in part, of the roles and responsibil-
ities of this partner; 
‘‘(E) of how the entity will help the charter 
schools receiving funds under the entity’s pro-
gram consider the transportation needs of the 
schools’ 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; 
‘‘(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 
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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, and title IX of the Education 
Amendments of 1972; 
‘‘(ii) adequately monitors and helps 
each charter school in recruiting, enrolling, 
and meeting the needs of all students, in-
cluding students with disabilities and lim-
ited English proficient students; and 
‘‘(iii) 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; 
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‘‘(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 
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 publically re-
ported; 
‘‘(F) the entity will work to ensure that 
charter schools are included with the traditional 
public school system 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 
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the educational options available to their chil-
dren, including information on the educational 
program, student support services, and annual 
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 for waivers of any Federal statutory or 
regulatory provisions that the entity believes are nec-
essary for the successful operation of the charter 
schools that will receive funds under the entity’s pro-
gram under this section, and a description of any 
State or local rules, generally 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 to State entities under this sec-
tion on the basis of the quality of the applications 
submitted under subsection (e), after taking into 
consideration— 
‘‘(A) the degree of flexibility afforded by 
the State’s public charter school law and how 
the entity will work to maximize the flexibility 
provided to charter schools under the law; 
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‘‘(B) the ambitiousness of the entity’s ob-
jectives for the quality charter school program 
carried out under this section; 
‘‘(C) the quality of the strategy for assess-
ing achievement of those objectives; 
‘‘(D) the likelihood that the eligible appli-
cants receiving subgrants under the program 
will meet those objectives and improve edu-
cational results for students; 
‘‘(E) the proposed number of new charter 
schools to be opened, and the proposed number 
of high-quality charter schools to be replicated 
or expanded under the program; 
‘‘(F) the entity’s plan to— 
‘‘(i) adequately monitor the eligible 
applicants receiving subgrants under the 
entity’s program; and 
‘‘(ii) work with the authorized public 
chartering agencies involved to avoid dupli-
cation of work for the charter schools and 
authorized public chartering agencies; 
‘‘(G) the entity’s plan to provide adequate 
technical assistance, as described in the entity’s 
application under subsection (e), for the eligible 
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applicants receiving subgrants under the enti-
ty’s program under this section; 
‘‘(H) the entity’s plan to support quality 
authorizing efforts in the State, consistent with 
the objectives described in subparagraph (B); 
and 
‘‘(I) the entity’s plan to solicit and con-
sider input from parents and other members of 
the community on the implementation and oper-
ation of the charter schools in the State. 
‘‘(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to State en-
tities to the extent that they meet the following cri-
teria: 
‘‘(A) In the case of a State entity located 
in a State that allows an entity other than a 
local educational agency to be an authorized 
public chartering agency, the State has a qual-
ity authorized public chartering agency that is 
an entity other than a local educational agency. 
‘‘(B) The State 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 percentage of stu-
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dents that may attend charter schools in the 
State. 
‘‘(C) The State entity is located in a State 
that ensures equitable financing, as compared 
to traditional public schools, for charter schools 
and students in a prompt manner. 
‘‘(D) The State entity is located in a State 
that uses charter schools and best practices 
from charter schools to help improve struggling 
schools and local educational agencies. 
‘‘(E) The State entity partners with an or-
ganization that has a demonstrated record of 
success in developing management organiza-
tions to support the development of charter 
schools in the State. 
‘‘(F) The State entity demonstrates quality 
policies and practices to support and monitor 
charter schools through factors including— 
‘‘(i) the proportion of high-quality 
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 students with disabil-
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ities and limited English proficient stu-
dents. 
‘‘(G) The State entity supports charter 
schools that support at-risk students through 
activities such as dropout prevention or dropout 
recovery. 
‘‘(H) The State entity authorizes all char-
ter schools in the State to serve as school food 
authorities. 
‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 
receiving a subgrant under this section shall use such 
funds to open new charter schools or replicable, high-qual-
ity charter school models, or expand existing high-quality 
charter schools. 
‘‘(h) REPORTING REQUIREMENTS.—Each State enti-
ty receiving a grant under this section shall submit to the 
Secretary, at the end of the third year of the 5-year grant 
period and at the end of such grant period, a report on— 
‘‘(1) the number of students served by each 
subgrant awarded under this section and, if applica-
ble, how many new students were served during each 
year of the subgrant period; 
‘‘(2) the number of subgrants awarded under 
this section to carry out each of the following— 
‘‘(A) the opening of new charter schools; 
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‘‘(B) the opening of replicable, high-quality 
charter school models; and 
‘‘(C) the expansion of high-quality charter 
schools; 
‘‘(3) the progress the entity made toward meet-
ing the priorities described in subsection (f)(2), as 
applicable; 
‘‘(4) how the entity met the objectives of the 
quality charter school program described in the enti-
ty’s application under subsection (e); 
‘‘(5) how the entity complied with, and ensured 
that eligible applicants complied with, the assurances 
described in the entity’s application; and 
‘‘(6) how the entity worked with authorized 
public chartering agencies, including how the agen-
cies worked with the management company or lead-
ership of the schools that received subgrants under 
this section. 
‘‘(i) STATE ENTITY DEFINED.—For purposes of this 
section, the term ‘State entity’ means— 
‘‘(1) a State educational agency; 
‘‘(2) a State charter school board; or 
‘‘(3) a Governor of a State.’’. 
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SEC. 6. FACILITIES FINANCING ASSISTANCE. 
Section 5204 (20 U.S.C. 7221c) is amended to read 
as follows: 
‘‘SEC. 5204. FACILITIES FINANCING ASSISTANCE. 
‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 
‘‘(1) IN GENERAL.—From the amount reserved 
under section 5202(b)(1), the Secretary shall award 
grants to eligible entities that have the highest-qual-
ity applications approved under subsection (d), after 
considering the diversity of such applications, to 
demonstrate innovative methods of assisting charter 
schools to address the cost of acquiring, con-
structing, and renovating facilities by enhancing the 
availability of loans or bond financing. 
‘‘(2) ELIGIBLE
ENTITY
DEFINED.—For pur-
poses of this section, the term ‘eligible entity’ 
means— 
‘‘(A) a public entity, such as a State or 
local governmental entity; 
‘‘(B) a private nonprofit entity; or 
‘‘(C) a consortium of entities described in 
subparagraphs (A) and (B). 
‘‘(b) GRANTEE SELECTION.—The Secretary shall 
evaluate each application submitted under subsection (d), 
and shall determine whether the application is sufficient 
to merit approval. 
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‘‘(c) GRANT CHARACTERISTICS.—Grants under sub-
section (a) shall be of a sufficient size, scope, and quality 
so as to ensure an effective demonstration of an innovative 
means of enhancing credit for the financing of charter 
school acquisition, construction, or renovation. 
‘‘(d) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To receive a grant under 
subsection (a), an eligible entity shall submit to the 
Secretary an application in such form as the Sec-
retary may reasonably require. 
‘‘(2) CONTENTS.—An application submitted 
under paragraph (1) shall contain— 
‘‘(A) a statement identifying the activities 
proposed to be undertaken with funds received 
under subsection (a), including how the eligible 
entity will determine which charter schools will 
receive assistance, and how much and what 
types of assistance charter schools will receive; 
‘‘(B) a description of the involvement of 
charter schools in the application’s development 
and the design of the proposed activities; 
‘‘(C) a description of the eligible entity’s 
expertise in capital market financing; 
‘‘(D) a description of how the proposed ac-
tivities will leverage the maximum amount of 
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private-sector financing capital relative to the 
amount of government funding used and other-
wise enhance credit available to charter schools, 
including how the entity will offer a combina-
tion of rates and terms more favorable than the 
rates and terms that a charter school could re-
ceive without assistance from the entity under 
this section; 
‘‘(E) a description of how the eligible enti-
ty possesses sufficient expertise in education to 
evaluate the likelihood of success of a charter 
school program for which facilities financing is 
sought; and 
‘‘(F) in the case of an application sub-
mitted by a State governmental entity, a de-
scription of the actions that the entity has 
taken, or will take, to ensure that charter 
schools within the State receive the funding the 
charter schools need to have adequate facilities. 
‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 
entity receiving a grant under this section shall use the 
funds deposited in the reserve account established under 
subsection (f) to assist one or more charter schools to ac-
cess private sector capital to accomplish one or both of 
the following objectives: 
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