Title: Equitable Access to School Facilities Act
Policy area: Education

Summary:
Equitable Access to School Facilities Act
This bill expands a grant program established to provide charter schools with facilities financing. Among other changes, the bill expands the allowable uses of a grant and revises the selection criteria for a grant. For example, the Department of Education must consider the extent to which the activities proposed to be carried out under a grant will increase charter schools' access to public buildings.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5318 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5318

 To support the creation and implementation of State policies, as well 
as the expansion of existing State policies, for improving the quality 
            and affordability of charter school facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2022

Mr. Cassidy (for himself and Mr. Bennet) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To support the creation and implementation of State policies, as well 
as the expansion of existing State policies, for improving the quality 
            and affordability of charter school facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equitable Access to School 
Facilities Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize support for the creation 
and implementation of State policies, as well as the expansion of 
existing State policies, to improve the quality and affordability of 
charter school facilities, including by providing funding and financing 
for those facilities and expanding charter schools' free access to 
public buildings.

SEC. 3. FUNDING.

    (a) Allotment.--Section 4302(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7221a(b)(1)) is amended by inserting 
``not more than'' before ``12.5 percent''.
    (b) Facilities Financing Assistance.--Section 4304(a)(1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221c(a)(1)) 
is amended by striking ``use not less than 50 percent to''.

SEC. 4. STATE FACILITIES AID PROGRAM AUTHORIZED.

    Section 4304 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221c) is amended by striking subsection (k) and inserting 
the following:
    ``(k) State Facilities Aid Program.--
            ``(1) State entity defined.--In this subsection, the term 
        `State entity' has the meaning given the term in section 
        4303(a).
            ``(2) Grants to state entities.--
                    ``(A) Grants authorized.--From the amounts 
                appropriated under paragraph (4) and not reserved under 
                paragraph (3), the Secretary shall make competitive 
                grants to State entities to pay for the cost of 
                establishing or enhancing, and administering, charter 
                school facilities aid programs.
                    ``(B) Application.--A State entity desiring to 
                receive a grant under this subsection shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    ``(C) Selection considerations.--In making grants 
                under this subsection, the Secretary shall consider, 
                based on quantitative measures, the extent to which the 
                activities proposed to be carried out under a grant 
                will--
                            ``(i) improve the equity of charter 
                        schools' access to facilities funding and 
                        financing with a State, by reducing gaps in 
                        such funding (for both acquisitions and 
                        operating costs) between charter schools and 
                        other public schools;
                            ``(ii) increase charter schools' access to 
                        public buildings; and
                            ``(iii) increase the access of charter 
                        schools in low-income and rural communities to 
                        adequate facilities.
                    ``(D) Priorities.--In making grants under this 
                subsection, the Secretary shall give a competitive 
                preference priority to an applicant located in a State 
                that--
                            ``(i) qualifies for a priority under 
                        subparagraph (A) or (C) of section 4303(g)(2);
                            ``(ii) provides charter schools with access 
                        to tax-exempt financing;
                            ``(iii) ensures that land-use policies 
                        within the State, such as policies regarding 
                        permits and fees, provide for the same or 
                        substantially similar treatment of charter 
                        schools as of other public schools;
                            ``(iv) prohibits localities and other 
                        instrumentalities of the State from imposing 
                        negative deed restrictions on properties that 
                        limit charter school access, including 
                        prohibitions on charter schools purchasing 
                        surplus public property; or
                            ``(v) ensures that charter schools have the 
                        first right of refusal to purchase surplus 
                        public property.
                    ``(E) Uses of funds.--A State entity receiving a 
                grant under this subsection shall use such grant to 
                carry out one or more of the following activities in 
                the applicant's State:
                            ``(i) Increasing funding for, or creating 
                        financing mechanisms to support, charter 
                        schools' acquisition, access to leasing, and 
                        renovation of facilities, which may include 
                        partnerships with local educational agencies 
                        that provide access to public buildings.
                            ``(ii) Increasing funding for, or creating 
                        funding mechanisms to support, charter schools' 
                        ongoing facilities costs.
                            ``(iii) Supporting the creation of 
                        ownership models, such as local education 
                        property trusts through which municipalities 
                        set up independent public or nonprofit entities 
                        to plan, develop, and manage facilities for 
                        charter schools and other public service 
                        providers.
                            ``(iv) Through a reserve fund, carrying out 
                        the activities described in subsection (f).
                    ``(F) Supplement, not supplant.--A State entity 
                receiving a grant under this subsection shall use such 
                grant only to supplement, and not supplant, non-Federal 
                funds that would otherwise be used for activities 
                authorized under this subsection.
            ``(3) National activities.--From the amounts appropriated 
        under paragraph (4), the Secretary may reserve not more than 2 
        percent to carry out, directly or through grants or contracts, 
        technical assistance to grantees, evaluation of grant 
        activities, and research and dissemination related to the 
        purposes of this subsection.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $100,000,000 for each of the fiscal years 2024 through 2028.''.

SEC. 5. CONFORMING AMENDMENT.

    Section 4311 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221j) is amended by inserting ``(with the exception of 
section 4304(k))'' after ``this part''.
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