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achievement and are based on successful 
practices within the assisting charter school; 
and 
‘‘(iv) conducting evaluations and devel-
oping materials that document the success-
ful practices of the assisting charter school 
and that are designed to improve student 
academic achievement in other schools. 
‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State 
that receives a grant under this part and designates a trib-
ally controlled school as a charter school shall not consider 
payments to a school under the Tribally Controlled Schools 
Act of 1988 (25 U.S.C. 2507) in determining— 
‘‘(1) the eligibility of the school to receive any 
other Federal, State, or local aid; or 
‘‘(2) the amount of such aid. 
‘‘SEC. 4205. NATIONAL ACTIVITIES. 
‘‘(a) IN GENERAL.—The Secretary shall reserve for 
each fiscal year the greater of 5 percent or $5,000,000 of 
the amount appropriated to carry out this part, except that 
in no fiscal year shall the total amount so reserved exceed 
$8,000,000, to carry out the following activities: 
‘‘(1) To provide charter schools, either directly or 
through State educational agencies, with— 
‘‘(A) information regarding— 
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‘‘(i) Federal funds that charter schools 
are eligible to receive; and 
‘‘(ii) other Federal programs in which 
charter schools may participate; and 
‘‘(B) assistance in applying for Federal 
education funds that are allocated by formula, 
including assistance with filing deadlines and 
submission of applications. 
‘‘(2) To provide for other evaluations or studies 
that include the evaluation of the impact of charter 
schools on student academic achievement, including 
information regarding— 
‘‘(A) students attending charter schools re-
ported on the basis of race, age, disability, gen-
der, limited English proficiency, and previous 
enrollment in public school; and 
‘‘(B) the professional qualifications of teach-
ers within a charter school and the turnover of 
the teaching force. 
‘‘(3) To provide— 
‘‘(A) information to applicants for assist-
ance under this part; 
‘‘(B) assistance to applicants for assistance 
under this part with the preparation of applica-
tions under section 4203; 
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‘‘(C) assistance in the planning and startup 
of charter schools; 
‘‘(D) training and technical assistance to 
existing charter schools; and 
‘‘(E) for the dissemination to other public 
schools of best or promising practices in charter 
schools. 
‘‘(4) To provide (including through the use of one 
or more contracts that use a competitive bidding 
process) for the collection of information regarding the 
financial resources available to charter schools, in-
cluding access to private capital, and to widely dis-
seminate to charter schools any such relevant infor-
mation and model descriptions of successful pro-
grams. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall be 
construed to require charter schools to collect any data de-
scribed in subsection (a). 
‘‘SEC. 4206. FEDERAL FORMULA ALLOCATION DURING 
FIRST YEAR AND FOR SUCCESSIVE ENROLL-
MENT EXPANSIONS. 
‘‘(a) IN GENERAL.—For purposes of the allocation to 
schools by the States or their agencies of funds under part 
A of title I, and any other Federal funds which the Sec-
retary allocates to States on a formula basis, the Secretary 
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and each State educational agency shall take such measures 
as are necessary to ensure that every charter school receives 
the Federal funding for which the charter school is eligible 
not later than 5 months after the charter school first opens, 
notwithstanding the fact that the identity and characteris-
tics of the students enrolling in that charter school are not 
fully and completely determined until that charter school 
actually opens. The measures similarly shall ensure that 
every charter school expanding its enrollment in any subse-
quent year of operation receives the Federal funding for 
which the charter school is eligible not later than 5 months 
after such expansion. 
‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 
‘‘(1) IN GENERAL.—The measures described in 
subsection (a) shall include provision for appropriate 
adjustments, through recovery of funds or reduction of 
payments for the succeeding year, in cases where pay-
ments made to a charter school on the basis of esti-
mated or projected enrollment data exceed the 
amounts that the school is eligible to receive on the 
basis of actual or final enrollment data. 
‘‘(2) RULE.—For charter schools that first open 
after November 1 of any academic year, the State, in 
accordance with guidance provided by the Secretary 
and applicable Federal statutes and regulations, shall 
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ensure that such charter schools that are eligible for 
the funds described in subsection (a) for such aca-
demic year have a full and fair opportunity to receive 
those funds during the charter schools’ first year of 
operation. 
‘‘SEC. 4207. SOLICITATION OF INPUT FROM CHARTER 
SCHOOL OPERATORS. 
‘‘To the extent practicable, the Secretary shall ensure 
that administrators, teachers, and other individuals di-
rectly involved in the operation of charter schools are con-
sulted in the development of any rules or regulations re-
quired to implement this part, as well as in the development 
of any rules or regulations relevant to charter schools that 
are required to implement part A of title I, the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.), 
or any other program administered by the Secretary that 
provides education funds to charter schools or regulates the 
activities of charter schools. 
‘‘SEC. 4208. RECORDS TRANSFER. 
‘‘State educational agencies and local educational 
agencies, to the extent practicable, shall ensure that a stu-
dent’s records and, if applicable, a student’s individualized 
education program as defined in section 602(11) of the In-
dividuals with Disabilities Education Act (20 U.S.C. 
1401(11)), are transferred to a charter school upon the 
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transfer of the student to the charter school, to another pub-
lic school upon the transfer of the student from a charter 
school to another public school, and to a private school upon 
the transfer of the student from a charter or public school 
to the private school (with the written consent of a parent 
of the student), in accordance with applicable State law. 
‘‘SEC. 4209. PAPERWORK REDUCTION. 
‘‘To the extent practicable, the Secretary and each au-
thorized public chartering agency shall ensure that imple-
mentation of this part results in a minimum of paperwork 
for any eligible applicant or charter school. 
‘‘SEC. 4210. DEFINITIONS. 
‘‘As used in this part: 
‘‘(1) The term ‘charter school’ means a public 
school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempted from significant State or 
local rules that inhibit the flexible operation and 
management of public schools, but not from any 
rules relating to the other requirements of this 
paragraph; 
‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
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isting public school, and is operated under pub-
lic supervision and direction; 
‘‘(C) operates in pursuit of a specific set of 
educational objectives determined by the school’s 
developer and agreed to by the authorized public 
chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations, and is not affiliated with a sec-
tarian school or religious institution; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, and part B of the Individuals with Dis-
abilities Education Act; 
‘‘(H) is a school to which parents choose to 
send their children, and that admits students on 
the basis of a lottery, or in another nondiscrim-
inatory manner consistent with State law, if 
more students apply for admission than can be 
accommodated; 
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‘‘(I) agrees to comply with the same Federal 
and State audit requirements as do other elemen-
tary and secondary schools in the State, unless 
such requirements are specifically waived for the 
purpose of this program; 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State law; 
and 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how stu-
dent academic achievement will be measured in 
charter schools pursuant to State academic as-
sessments that are required of other schools and 
pursuant to any other assessments mutually 
agreeable to the authorized public chartering 
agency and the charter school. 
‘‘(2) The term ‘developer’ means an individual 
or group of individuals (including a public or private 
nonprofit organization), which may include teachers, 
administrators and other school staff, parents, or 
other members of the local community in which a 
charter school project will be carried out. 
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‘‘(3) The term ‘eligible applicant’ means a devel-
oper that has— 
‘‘(A) applied to an authorized public char-
tering authority; and 
‘‘(B) provided adequate and timely notice to 
that authority under section 4203(d)(3). 
‘‘(4) The term ‘authorized public chartering 
agency’ means a State educational agency, local edu-
cational agency, or other public entity that has the 
authority pursuant to State law and approved by the 
Secretary to authorize or approve a charter school. 
‘‘SEC. 4211. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this part, there are 
authorized to be appropriated $225,000,000 for fiscal year 
2002 and such sums as may be necessary for each of the 
4 succeeding fiscal years.’’. 
SEC. 412. CONTINUATION OF AWARDS. 
Notwithstanding any other provision of this Act, any 
person or agency that was awarded a grant or subgrant 
under subpart 1 of part C of title X (20 U.S.C. 8061 et 
seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award until the date on which the award period termi-
nates under such terms. 
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PART C—MAGNET SCHOOLS ASSISTANCE; 
WOMEN’S EDUCATIONAL EQUITY 
SEC. 421. MAGNET SCHOOLS ASSISTANCE. 
Title IV, as amended by sections 401 and 411, is fur-
ther amended by adding at the end the following: 
‘‘PART C—MAGNET SCHOOLS ASSISTANCE; 
WOMEN’S EDUCATIONAL EQUITY 
‘‘Subpart 1—Magnet Schools Assistance 
‘‘SEC. 4301. FINDINGS. 
‘‘The Congress finds as follows: 
‘‘(1) Magnet schools are a significant part of the 
Nation’s efforts to achieve voluntary desegregation in 
our schools. 
‘‘(2) The use of magnet schools has increased 
dramatically since the inception of the magnet schools 
assistance program under this Act, with approxi-
mately 2,000,000 students nationwide attending such 
schools, of whom more than 65 percent are non-white. 
‘‘(3) Magnet schools offer a wide range of distinc-
tive programs that have served as models for school 
improvement efforts. 
‘‘(4) It is in the best interests of the United 
States— 
‘‘(A) to continue the Federal Government’s 
support of local educational agencies that are 
implementing court-ordered desegregation plans 
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and local educational agencies that are volun-
tarily seeking to foster meaningful interaction 
among students of different racial and ethnic 
backgrounds, beginning at the earliest stage of 
such students’ education; 
‘‘(B) to ensure that all students have equi-
table access to a quality education that will pre-
pare them to function well in a highly competi-
tive economy; 
‘‘(C) to maximize the ability of local edu-
cational agencies to plan, develop, implement, 
and continue effective and innovative magnet 
schools that contribute to State and local sys-
temic reform; and 
‘‘(D) to ensure that grant recipients provide 
adequate data that demonstrate an ability to im-
prove student academic achievement. 
‘‘SEC. 4302. STATEMENT OF PURPOSE. 
‘‘The purpose of this part is to assist in the desegrega-
tion of schools served by local educational agencies by pro-
viding financial assistance to eligible local educational 
agencies for— 
‘‘(1) the elimination, reduction, or prevention of 
minority group isolation in elementary and sec-
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