20 U.S.C. § 7221d (EDUCATION)
§ 7221d. 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 subpart, 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—
(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 reported on the basis of race, age, disability, gender, limited English proficiency, and previous enrollment in public school; and
(B) the professional qualifications of teachers within a charter school and the turnover of the teaching force.
(3) To provide—
(A) information to applicants for assistance under this subpart;
(B) assistance to applicants for assistance under this subpart with the preparation of applications under section 7221b of this title;
(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, including access to private capital, and to widely disseminate to charter schools any such relevant information and model descriptions of successful programs.
(5) To carry out evaluations of, technical assistance for, and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary may carry out one or more evaluations of State programs assisted under this subsection, which shall, at a minimum, address—
(A) how, and the extent to which, the programs promote educational equity and excellence; and
(B) the extent to which charter schools supported through the programs are—
(i) held accountable to the public;
(ii) effective in improving public education; and
(iii) open and accessible to all students.
(b) Per-pupil facilities aid programs
(1) Definition of per-pupil facilities aid program
In this subsection, the term “per-pupil facilities aid program” means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing—
(A) that is dedicated solely for funding charter school facilities; or
(B) a portion of which is dedicated for funding charter school facilities.
(2) Grants
(A) In general
From the amount made available to carry out this subsection under paragraphs (2) and (3)(B) of section 7221j(b) of this title for any fiscal year, the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering per-pupil facilities aid programs.
(B) Period
The Secretary shall award grants under this subsection for periods of not more than 5 years.
(C) Federal share
The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than—
(i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection;
(ii) 80 percent in the second such year;
(iii) 60 percent in the third such year;
(iv) 40 percent in the fourth such year; and
(v) 20 percent in the fifth such year.
(3) Use of funds
(A) In general
A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State.
(B) Evaluations; technical assistance; dissemination
From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information.
(C) Supplement, not supplant
Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per pupil 1 facilities aid programs, operations financing programs, or other programs, for charter schools.
(4) Requirements
(A) Voluntary participation
No State may be required to participate in a program carried out under this subsection.
(B) State law
To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that—
(i) is specified in State law; and
(ii) provides annual financing, on a per-pupil basis, for charter school facilities.
(5) Applications
To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(6) Priorities
In making grants under this subsection, the Secretary shall give priority to States that meet the criteria described in paragraph (2), and subparagraphs (A), (B), and (C) of paragraph (3), of section 7221a(e) of this title.
(c) Rule of construction
Nothing in this section shall be construed to require charter schools to collect any data described in subsection (a) of this section.
(Pub. L. 89–10, title V, § 5205, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1795.)
heading: Prior Provisions
text: A prior section 5205 of Pub. L. 89–10 was classified to section 7235 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.