[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9853 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9853
To amend the Elementary and Secondary Education Act of 1965 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, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mrs. Steel introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 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, and for other purposes.
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--
(1) to support 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' access to
public buildings; and
(2) to make other improvements to the Federal Charter
Schools Program.
SEC. 3. AMENDMENTS TO STATE FACILITIES AID PROGRAM.
Section 4304(k) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221c(k)) is amended to read as follows:
``(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 amount reserved
under section 4302(b)(1) and remaining after the
Secretary makes grants under subsection (a) and
reserves funds under paragraph (3) of this subsection,
the Secretary shall make grants, on a competitive
basis, 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, and in such
manner, as the Secretary may require, and containing
the information needed for the considerations and
priorities described in subparagraphs (C) and (D).
``(C) Selection considerations.--In making grants
under this subsection, the Secretary shall consider the
extent to which the activities proposed to be carried
out under a grant will--
``(i) increase charter schools' access to
State funds or financing for acquiring or
operating facilities, including by reducing the
gaps to such access between charter schools and
other public schools in the same State;
``(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 a State entity 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; or
``(iv) prohibits localities and other
instrumentalities of the State from imposing
negative deed restrictions on properties that
limit charter school access, including
prohibitions or restrictions on charter schools
purchasing 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 State in which the State entity is located:
``(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
alternate ownership models to plan, develop,
and manage facilities for charter schools and
other public service providers.
``(iv)(I) In the case of a State entity
that is not receiving a grant under subsection
(a), establishing and maintaining a reserve
account described in subsection (f) and
depositing all, or a portion of, the grant
funds received under this subsection in such
reserve account for one or more of the purposes
described subsection (f)(1).
``(II) In the case of a State entity that
is receiving a grant under subsection (a),
depositing all, or a portion of, the grant
funds received under this subsection in the
reserve account established and maintained by
the State entity under 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 amount reserved under
section 4302(b)(1) and remaining after the Secretary makes
grants under subsection (a), the Secretary may reserve not more
than 2 percent to carry out, directly or through grants or
contracts, technical assistance to State entities receiving
grants under this subsection, evaluation of grant activities,
and research and dissemination related to the purposes of this
subsection.''.
SEC. 4. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
(a) Limitations on Provision of Grants to a State.--Section
4303(e)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221b(e)(1)) is amended by striking ``is currently using'' and
inserting ``has not fully obligated all funds received through''.
(b) Awarding of Subgrants.--Section 4303(f)(1)(A)(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7221b(f)(1)(A)(i)) is amended--
(1) by striking ``the proposed number'' and inserting ``an
initial projection of the number''; and
(2) by inserting ``, provided that such initial projection
shall not govern a State entity's allocation of subgrant funds
if the State entity determines, after selecting subgrantees,
that an alternative allocation would better meet the purposes
of the program'' after ``the State entity's program''.
(c) Uses of Funds.--Section 4303(h)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221b(h)(1)(B)) is amended
by inserting ``or initial implementation'' after ``planning''.
(d) No-Cost Extensions of Grant Project Periods.--Section 4303 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is
amended by adding at the end the following:
``(j) Extension of Project Periods.--In making grants under this
section and under section 4305(b), the Secretary shall approve requests
by a grantee to extend its project period if the grantee can present
evidence that additional time is needed for project activities because
of factors out of the grantee's control.''.
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