dreamproit/uscode huggingface dataset:
20 U.S.C. § 7221e (EDUCATION)
§ 7221e. Federal formula allocation during first year and for successive enrollment expansions
(a) In general
For purposes of the allocation to schools by the States or their agencies of funds under part A of subchapter I of this chapter, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary 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 characteristics 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 subsequent 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) of this section shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated 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 ensure that such charter schools that are eligible for the funds described in subsection (a) of this section for such academic year have a full and fair opportunity to receive those funds during the charter schools’ first year of operation.
(Pub. L. 89–10, title V, § 5206, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1797.)
heading: Prior Provisions
text: A prior section 5206 of Pub. L. 89–10 was classified to section 7236 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
20 U.S.C. § 7221f (EDUCATION)
§ 7221f. Solicitation of input from charter school operators
To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in the operation of charter schools are consulted in the development of any rules or regulations required to implement this subpart, as well as in the development of any rules or regulations relevant to charter schools that are required to implement part A of subchapter I of this chapter, 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.
(Pub. L. 89–10, title V, § 5207, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798.)
heading: References in Text
text: The Individuals with Disabilities Education Act, referred to in text, is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
heading: Prior Provisions
text: A prior section 5207 of Pub. L. 89–10 was classified to section 7237 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
20 U.S.C. § 7221g (EDUCATION)
§ 7221g. Records transfer
State educational agencies and local educational agencies, to the extent practicable, shall ensure that a student’s records and, if applicable, a student’s individualized education program as defined in section 1401 of this title, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law.
(Pub. L. 89–10, title V, § 5208, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798; amended Pub. L. 108–446, title III, § 305(g)(2), Dec. 3, 2004, 118 Stat. 2805.)
heading: Prior Provisions
text: A prior section 5208 of Pub. L. 89–10 was classified to section 7238 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.
heading: Amendments
text: 2004—Pub. L. 108–446 substituted “section 1401” for “section 1401(11)”.
20 U.S.C. § 7221h (EDUCATION)
§ 7221h. Paperwork reduction
To the extent practicable, the Secretary and each authorized public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible applicant or charter school.
(Pub. L. 89–10, title V, § 5209, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798.)
20 U.S.C. § 7221j (EDUCATION)
§ 7221j. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.
(b) Reservation
From the amount appropriated under subsection (a) of this section for each fiscal year, the Secretary shall reserve—
(1) $200,000,000 to carry out this subpart, other than section 7221d(b) of this title; and
(2) any funds in excess of $200,000,000, that do not exceed $300,000,000, to carry out section 7221d(b) of this title; and
(3)
(A) 50 percent of any funds in excess of $300,000,000 to carry out this subpart, other than section 7221d(b) of this title; and
(B) 50 percent of any funds in excess of $300,000,000 to carry out section 7221d(b) of this title.
(Pub. L. 89–10, title V, § 5211, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1799.)
20 U.S.C. § 7223 (EDUCATION)
§ 7223. Purpose
The purpose of this subpart is to provide grants to eligible entities to permit the eligible entities to demonstrate innovative credit enhancement initiatives that assist charter schools to address the cost of acquiring, constructing, and renovating facilities.
(Pub. L. 89–10, title V, § 5221, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800.)
20 U.S.C. § 7223a (EDUCATION)
§ 7223a. Grants to eligible entities
(a) Grants
The Secretary shall use 100 percent of the amount available to carry out this subpart to award not less than three grants to eligible entities that have applications approved under this subpart to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing.
(b) Grantee selection
(1) Evaluation of application
The Secretary shall evaluate each application submitted under section 7223b of this title, and shall determine whether the application is sufficient to merit approval.
(2) Distribution of grants
The Secretary shall award at least one grant to an eligible entity described in section 7223i(2)(A) of this title, at least one grant to an eligible entity described in section 7223i(2)(B) of this title, and at least one grant to an eligible entity described in section 7223i(2)(C) of this title, if applications are submitted that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval.
(c) Grant characteristics
Grants under this subpart 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) Special rule
In the event the Secretary determines that the funds made available under this subpart are insufficient to permit the Secretary to award not less than three grants in accordance with subsections (a) through (c) of this section, such three-grant minimum and subsection (b)(2) of this section shall not apply, and the Secretary may determine the appropriate number of grants to be awarded in accordance with subsection (c) of this section.
(Pub. L. 89–10, title V, § 5222, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800.)
20 U.S.C. § 7223b (EDUCATION)
§ 7223b. Applications
(a) In general
To receive a grant under this subpart, an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require.
(b) Contents
An application submitted under subsection (a) of this section shall contain—
(1) a statement identifying the activities proposed to be undertaken with funds received under this subpart, 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;
(2) a description of the involvement of charter schools in the application’s development and the design of the proposed activities;
(3) a description of the eligible entity’s expertise in capital market financing;
(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools;
(5) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought;
(6) in the case of an application submitted by a State governmental entity, a description 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; and
(7) such other information as the Secretary may reasonably require.
(Pub. L. 89–10, title V, § 5223, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800.)
20 U.S.C. § 7223c (EDUCATION)
§ 7223c. Charter school objectives
An eligible entity receiving a grant under this subpart shall use the funds deposited in the reserve account established under section 7223d(a) of this title to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives:
(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school.
(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.
(Pub. L. 89–10, title V, § 5224, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801.)
20 U.S.C. § 7223d (EDUCATION)
§ 7223d. Reserve account
(a) Use of funds
To assist charter schools to accomplish the objectives described in section 7223c of this title, an eligible entity receiving a grant under this subpart shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 7223e of this title) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes:
(1) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 7223c of this title.
(2) Guaranteeing and insuring leases of personal and real property for an objective described in section 7223c of this title.
(3) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools.
(4) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).
(b) Investment
Funds received under this subpart and deposited in the reserve account established under subsection (a) of this section shall be invested in obligations issued or guaranteed 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 subpart shall be deposited in the reserve account established under subsection (a) of this section and used in accordance with such subsection.
(Pub. L. 89–10, title V, § 5225, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801.)
20 U.S.C. § 7223e (EDUCATION)
§ 7223e. Limitation on administrative costs
An eligible entity may use not more than 0.25 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart.
(Pub. L. 89–10, title V, § 5226, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802.)
20 U.S.C. § 7223f (EDUCATION)
§ 7223f. Audits and reports
(a) Financial record maintenance and audit
The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant.
(b) Reports
(1) Grantee annual reports
Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart.
(2) Contents
Each annual report submitted under paragraph (1) shall include—
(A) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity;
(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) of this section during the reporting period;
(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds;
(D) a listing and description of the charter schools served during the reporting period;
(E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 7223c of this title; and
(F) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period.
(3) Secretarial report
The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart.
(Pub. L. 89–10, title V, § 5227, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802.)
20 U.S.C. § 7223g (EDUCATION)
§ 7223g. No full faith and credit for grantee obligations
No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart.
(Pub. L. 89–10, title V, § 5228, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803.)
20 U.S.C. § 7223h (EDUCATION)
§ 7223h. Recovery of funds
(a) In general
The Secretary, in accordance with chapter 37 of title 31, shall collect—
(1) all of the funds in a reserve account established by an eligible entity under section 7223d(a) of this title if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in section 7223d(a) of this title; or
(2) all or a portion of the funds in a reserve account established by an eligible entity under section 7223d(a) of this title if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in section 7223d(a) of this title.
(b) Exercise of authority
The Secretary shall not exercise the authority provided in subsection (a) of this section to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in section 7223d(a) of this title.
(c) Procedures
The provisions of 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 subsection (a) of this section.
(d) Construction
This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act [20 U.S.C. 1234 et seq.].
(Pub. L. 89–10, title V, § 5229, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803.)
heading: References in Text
text: The General Education Provisions Act, referred to in subsec. (d), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, as amended. Part D of the Act is classified generally to subchapter IV (§ 1234 et seq.) of chapter 31 of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.
20 U.S.C. § 7223i (EDUCATION)
§ 7223i. Definitions
In this subpart:
(1) Charter school
The term “charter school” has the meaning given such term in section 7221i of this title.
(2) Eligible entity
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).
(Pub. L. 89–10, title V, § 5230, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803.)
20 U.S.C. § 7223j (EDUCATION)
§ 7223j. Authorization of appropriations
For the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal year 2003.
(Pub. L. 89–10, title V, § 5231, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803.)
20 U.S.C. § 7225 (EDUCATION)
§ 7225. Grants
(a) Authorization
From funds made available under section 7225g of this title to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this subpart as a “program”) in accordance with this subpart.
(b) Duration
Grants awarded under subsection (a) of this section may be awarded for a period of not more than 5 years.
(Pub. L. 89–10, title V, § 5241, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803.)
20 U.S.C. § 7225a (EDUCATION)
§ 7225a. Uses of funds
(a) Required use of funds
An eligible entity that receives a grant under this subpart shall use the grant funds to provide students selected to participate in the program with transportation services or the cost of transportation to and from the public elementary schools and secondary schools, including charter schools, that the students choose to attend under the program.
(b) Permissible uses of funds
An eligible entity that receives a grant under this subpart may use the grant funds for—
(1) planning or designing a program (for not more than 1 year);
(2) the cost of making tuition transfer payments to public elementary schools or secondary schools to which students transfer under the program;
(3) the cost of capacity-enhancing activities that enable high-demand public elementary schools or secondary schools to accommodate transfer requests under the program;
(4) the cost of carrying out public education campaigns to inform students and parents about the program; and
(5) other costs reasonably necessary to implement the program.
(c) Nonpermissible uses of funds
An eligible entity that receives a grant under this subpart may not use the grant funds for school construction.
(d) Administrative expenses
The eligible entity may use not more than 5 percent of the funds made available through the grant for any fiscal year for administrative expenses.
(Pub. L. 89–10, title V, § 5242, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804.)
20 U.S.C. § 7225b (EDUCATION)
§ 7225b. Applications
(a) Submission
An eligible entity that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(b) Contents
An application submitted under subsection (a) of this section shall include—
(1) a description of the program for which the eligible entity seeks funds and the goals for such program;
(2) a description of how and when parents of students will be given the notice required under section 7225d(a)(2) of this title;
(3) a description of how students will be selected for the program;
(4) a description of how the program will be coordinated with, and will complement and enhance, other related Federal and non-Federal projects;
(5) if the program is to be carried out by a partnership, the name of each partner and a description of the partner’s responsibilities; and
(6) such other information as the Secretary may require.
(Pub. L. 89–10, title V, § 5243, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804.)
20 U.S.C. § 7225c (EDUCATION)
§ 7225c. Priorities
In awarding grants under this subpart, the Secretary shall give priority to an eligible entity—
(1) whose program would provide the widest variety of choices to all students in participating schools;
(2) whose program would, through various choice options, have the most impact in allowing students in low-performing schools to attend higher-performing schools; and
(3) that is a partnership that seeks to implement an interdistrict approach to carrying out a program.
(Pub. L. 89–10, title V, § 5244, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1804.)
20 U.S.C. § 7225d (EDUCATION)
§ 7225d. Requirements and voluntary participation
(a) Parent and community involvement and notice
In carrying out a program under this subpart, an eligible entity shall—
(1) develop the program with—
(A) the involvement of parents and others in the community to be served; and
(B) individuals who will carry out the program, including administrators, teachers, principals, and other staff; and
(2) provide to parents of students in the area to be served by the program with prompt notice of—
(A) the existence of the program;
(B) the program’s availability; and
(C) a clear explanation of how the program will operate.
(b) Selection of students
An eligible entity that receives a grant under this subpart shall select students to participate in a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated.
(c) Voluntary participation
Student participation in a program funded under this subpart shall be voluntary.
(Pub. L. 89–10, title V, § 5245, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1805.)