20 U.S.C. § 7221d — National activities

Page 1495 TITLE 20—EDUCATION § 7221d tion to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (Pub. L. 89–10, title IV, § 4304, as added Pub. L. 114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 2004.) Editorial Notes REFERENCES IN TEXT The General Education Provisions Act, referred to in subsec. (j)(4), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814. 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. PRIOR PROVISIONS A prior section 7221c, Pub. L. 89–10, title IV, § 4304, formerly title V, § 5204, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1792; renumbered title IV, § 4304, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii), Dec. 10, 2015, 129 Stat. 1967, related to administration, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs. A prior section 4304 of Pub. L. 89–10 was renumbered section 8574, and is classified to section 7974 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7221d. National activities (a) In general From the amount reserved under section 7221a(b)(2) of this title, the Secretary shall— (1) use not more than 80 percent of such funds to award grants in accordance with sub- section (b); (2) use not more than 9 percent of such funds to award grants, on a competitive basis, to eli- gible applicants for the purpose of carrying out the activities described in section 7221b(h) of this title in a State that did not receive a grant under section 7221b of this title; and (3) after the uses described in paragraphs (1) and (2), use the remainder of such funds to— (A) disseminate technical assistance to— (i) State entities in awarding subgrants under section 7221b(b)(1) of this title; and (ii) eligible entities and States receiving grants under section 7221c of this title; (B) disseminate best practices regarding charter schools; and (C) evaluate the impact of the charter school program carried out under this part, including the impact on student achieve- ment. (b) Grants for the replication and expansion of high-quality charter schools (1) In general The Secretary shall make grants, on a com- petitive basis, to eligible entities having appli- cations approved under paragraph (3) to enable such entities to open and prepare for the oper- ation of one or more replicated high-quality charter schools or to expand one or more high- quality charter schools. (2) Definition of eligible entity For purposes of this subsection, the term ‘‘eligible entity’’ means a charter manage- ment organization. (3) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an applica- tion to the Secretary at such time and in such manner as the Secretary may require. The ap- plication shall include the following: (A) Existing charter school data For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all stu- dents and for each subgroup of students de- scribed in section 6311(c)(2) of this title; (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most re- cent available 4-year adjusted cohort grad- uation rates and extended-year adjusted cohort graduation rates; and (iii) information on any significant com- pliance and management issues encoun- tered within the last 3 school years by any school operated or managed by the eligible entity, including in the areas of student safety and finance. (B) Descriptions A description of— (i) the eligible entity’s objectives for im- plementing a high-quality charter school program with funding under this sub- section, including a description of the pro- posed number of high-quality charter schools the eligible entity proposes to open as a result of the replication of a high-quality charter school or to expand with funding under this subsection; (ii) the educational program that the eli- gible entity will implement in such char- ter schools, including— (I) information on how the program will enable all students to meet the chal- lenging State academic standards; (II) the grade levels or ages of students who will be served; and (III) the instructional practices that will be used; (iii) how the operation of such charter schools will be sustained after the grant under this subsection has ended, which shall include a multi-year financial and operating model for the eligible entity; (iv) how the eligible entity will ensure that such charter schools will recruit and enroll students, including children with disabilities, English learners, and other educationally disadvantaged students; and (v) any request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity be- lieves are necessary for the successful op- eration of such charter schools. Page 1496 TITLE 20—EDUCATION § 7221e (C) Assurance An assurance that the eligible entity has sufficient procedures in effect to ensure timely closure of low-performing or finan- cially mismanaged charter schools and clear plans and procedures in effect for the stu- dents in such schools to attend other high- quality schools. (4) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications sub- mitted under paragraph (3), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing aca- demic achievement for all students and for each of the subgroups of students described in section 6311(c)(2) of this title attending the charter schools the eligible entity oper- ates or manages; (B) a determination that the eligible enti- ty has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had the school’s charter re- voked due to problems with statutory or regulatory compliance; or (iii) have had the school’s affiliation with the eligible entity revoked or termi- nated, including through voluntary dis- affiliation; and (C) a determination that the eligible enti- ty has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter. (5) Priority In awarding grants under this section, the Secretary shall give priority to eligible enti- ties that— (A) plan to operate or manage high-quality charter schools with racially and socioeconomically diverse student bodies; (B) demonstrate success in working with schools identified by the State for com- prehensive support and improvement under section 6311(c)(4)(D)(i) of this title; (C) propose to use funds— (i) to expand high-quality charter schools to serve high school students; or (ii) to replicate high-quality charter schools to serve high school students; or (D) propose to operate or manage high- quality charter schools that focus on drop- out recovery and academic reentry. (c) Terms and conditions Except as otherwise provided, grants awarded under paragraphs (1) and (2) of subsection (a) shall have the same terms and conditions as grants awarded to State entities under section 7221b of this title. (Pub. L. 89–10, title IV, § 4305, as added Pub. L. 114–95, title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 2009.) Editorial Notes PRIOR PROVISIONS A prior section 7221d, Pub. L. 89–10, title IV, § 4305, formerly title V, § 5205, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1795; renumbered title IV, § 4305, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii), Dec. 10, 2015, 129 Stat. 1967, related to national activi- ties, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(1), Dec. 10, 2015, 129 Stat. 1806, 1993, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7221e. Federal formula allocation during first year and for successive enrollment expan- sions (a) In general For purposes of the allocation to schools by the States or their agencies of funds under part A of subchapter I, and any other Federal funds which the Secretary allocates to States on a for- mula basis, the Secretary and each State edu- cational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the char- ter school is eligible not later than 5 months after the charter school first opens, notwith- standing the fact that the identity and charac- teristics of the students enrolling in that char- ter school are not fully and completely deter- mined 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 Fed- eral funding for which the charter school is eli- gible not later than 5 months after such expan- sion. (b) Adjustment and late openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjust- ments, 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 eli- gible to receive on the basis of actual or final enrollment data. (2) Rule For charter schools that first open after No- vember 1 of any academic year, the State, in accordance with guidance provided by the Sec- retary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds de- scribed in subsection (a) for such academic year have a full and fair opportunity to re- ceive those funds during the charter schools’ first year of operation.