[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1723
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 to authorize the
provision of technical assistance that will support the growth and
expansion of high-quality charter schools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2025
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 and to authorize the
provision of technical assistance that will support the growth and
expansion of high-quality charter schools.
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 support the creation and
implementation of State policies, as well as the expansion of existing
State policies, to--
(1) 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) authorize the provision of technical assistance that
will support the growth and expansion of high-quality charter
schools.
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 (5) 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 within a State, by reducing gaps in
such funding and financing (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 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 or restrictions 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, creating, or
improving financing mechanisms to support
charter schools' acquisition, access to
leasing, and construction or 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
alternative 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 amounts appropriated
under paragraph (5), 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) No federal interest.--The financial assistance
provided through grants made under this subsection shall not
create a `Federal interest' as such term is defined in section
200.1 of title 2, Code of Federal Regulations (or successor
regulations).''.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$100,000,000 for each of fiscal years 2026 through 2030.''.
SEC. 5. CREDIT ENHANCEMENT FOR CHARTER SCHOOL FACILITIES PROGRAM.
Section 4304(h)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221c(h)(2)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Grantee annual reports.--Each eligible entity
receiving a grant under subsection (a) before the date
of enactment of the Equitable Access to School
Facilities Act shall submit to the Secretary (for a
period of 10 years after the award of such grant) an
annual report of the entity's operations and activities
under this section (excluding subsection (k)).''; and
SEC. 6. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 4303 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221b) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(C), by striking ``and'' after
the semicolon;
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by inserting after paragraph (2) the following:
``(3) provide assistance in locating and accessing a
facility or provide one-time assistance to any planned or
operating charter schools in the State in ensuring that a
facility complies with local building codes and is equipped to
support provision of a high-quality education.'';
(2) in subsection (c)(1)--
(A) in subparagraph (A), striking ``90 percent''
and inserting ``80 percent'';
(B) by striking ``and'' after subparagraph (B);
(C) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(D) by inserting after subparagraph (C):
``(D) reserve not more than 10 percent of such
funds for the establishment of a revolving loan fund,
which may be used to make loans, under such terms as
may be established by the State entity, to--
``(i) eligible applicants that have
received a subgrant under this section, for the
initial operation (during the subgrantee's
project period) of the applicant's charter
school or schools; and
``(ii) eligible applicants for obtaining,
renovating, or rehabilitating facilities for
planned or operating charter schools in the
State.''; and
(3) by striking paragraph (3) of subsection (h) and
inserting:
``(3) Carrying out repair, renovation, or construction
activity to ensure that a school building complies with
applicable statutes and regulations and is equipped to support
provision of a high-quality education.''.
SEC. 7. NATIONAL PROGRAMS.
Section 4305(a)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7221d(a)(3)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``disseminate'' and inserting ``provide
support and'';
(2) in subparagraph (B), by inserting ``identify and''
before ``disseminate'';
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting the following after subparagraph (B):
``(C) support activities related to--
``(i) charter schools' access to
facilities, and facilities funding and
financing;
``(ii) charter school authorizer quality
and oversight;
``(iii) supporting States that have enacted
legislation (within a period of 5 years prior
to the award of a grant under this section) for
such purpose to facilitate the authorization of
charter schools within such States; and
``(iv) identifying best practices that
support, or remove barriers to, early-stage
charter school planning, charter schools
serving rural students, charter schools serving
students with disabilities, and innovative
models.''.
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