20 U.S.C. § 7221i — Definitions

Page 1497 TITLE 20—EDUCATION § 7221i 1 See References in Text note below. (c) New or significantly expanding charter schools For purposes of implementing the hold harm- less protections in sections 6332(c) and 6337(g)(3) 1 of this title for a newly opened or significantly expanded charter school under this part, a State educational agency shall calculate a hold-harm- less base for the prior year that, as applicable, reflects the new or significantly expanded en- rollment of the charter school. (Pub. L. 89–10, title IV, § 4306, formerly title V, § 5206, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1797; renumbered title IV, § 4306, and amended Pub. L. 114–95, title IV, §§ 4001(b)(2)(A), (B), (D)(iii), 4301(2), Dec. 10, 2015, 129 Stat. 1967, 2011.) Editorial Notes REFERENCES IN TEXT Section 6337(g)(3) of this title, referred to in subsec. (c), was redesignated section 6337(f)(3) of this title by Pub. L. 114–95, title I, § 1017(7), Dec. 10, 2015, 129 Stat. 1879. AMENDMENTS 2015—Subsec. (c). Pub. L. 114–95, § 4301(2), added sub- sec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7221f. Solicitation of input from charter school operators To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in the operation of charter schools are consulted in the develop- ment of any rules or regulations required to im- plement this subpart, as well as in the develop- ment of any rules or regulations relevant to charter schools that are required to implement part A of subchapter I, the Individuals with Dis- abilities Education Act [20 U.S.C. 1400 et seq.], or any other program administered by the Sec- retary that provides education funds to charter schools or regulates the activities of charter schools. (Pub. L. 89–10, title IV, § 4307, formerly title V, § 5207, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798; renumbered title IV, § 4307, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii), Dec. 10, 2015, 129 Stat. 1967.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in text, is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chap- ter 33 (§ 1400 et seq.) of this title. For complete classi- fication of this Act to the Code, see section 1400 of this title and Tables. § 7221g. Records transfer State educational agencies and local edu- cational agencies, as quickly as possible and to the extent practicable, shall ensure that a stu- dent’s records and, if applicable, a student’s in- dividualized education program as defined in section 1401 of this title, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in ac- cordance with applicable State law. (Pub. L. 89–10, title IV, § 4308, formerly title V, § 5208, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798; amended Pub. L. 108–446, title III, § 305(g)(2), Dec. 3, 2004, 118 Stat. 2805; re- numbered title IV, § 4308, and amended Pub. L. 114–95, title IV, §§ 4001(b)(2)(A), (B), (D)(iii), 4301(3), Dec. 10, 2015, 129 Stat. 1967, 2012.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–95, § 4301(3), inserted ‘‘as quickly as possible and’’ before ‘‘to the extent practicable’’. 2004—Pub. L. 108–446 substituted ‘‘section 1401’’ for ‘‘section 1401(11)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7221h. Paperwork reduction To the extent practicable, the Secretary and each authorized public chartering agency shall ensure that implementation of this subpart re- sults in a minimum of paperwork for any eligi- ble applicant or charter school. (Pub. L. 89–10, title IV, § 4309, formerly title V, § 5209, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798; renumbered title IV, § 4309, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii), Dec. 10, 2015, 129 Stat. 1967.) § 7221i. Definitions In this part: (1) Authorized public chartering agency The term ‘‘authorized public chartering agency’’ means a State educational agency, local educational agency, or other public enti- ty that has the authority pursuant to State law and approved by the Secretary to author- ize or approve a charter school. (2) Charter school The term ‘‘charter school’’ means a public school that— (A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible oper- ation and management of public schools, but not from any rules relating to the other re- quirements of this paragraph; (B) is created by a developer as a public school, or is adapted by a developer from an Page 1498 TITLE 20—EDUCATION § 7221i existing public school, and is operated under public supervision and direction; (C) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the au- thorized public chartering agency; (D) provides a program of elementary or secondary education, or both; (E) is nonsectarian in its programs, admis- sions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (F) does not charge tuition; (G) complies with the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], title IX of the Education Amend- ments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 1232g of this title (commonly referred to as the ‘‘Family Educational Rights and Pri- vacy Act of 1974’’), and part B of the Individ- uals with Disabilities Education Act [20 U.S.C. 1411 et seq.]; (H) is a school to which parents choose to send their children, and that— (i) admits students on the basis of a lot- tery, consistent with section 7221b(c)(3)(A) of this title, if more students apply for ad- mission than can be accommodated; or (ii) in the case of a school that has an af- filiated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the af- filiated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); (I) agrees to comply with the same Federal and State audit requirements as do other el- ementary schools and secondary schools in the State, unless such State audit require- ments are waived by the State; (J) meets all applicable Federal, State, and local health and safety requirements; (K) operates in accordance with State law; (L) has a written performance contract with the authorized public chartering agen- cy in the State that includes a description of how student performance will be measured in charter schools pursuant to State assess- ments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public char- tering agency and the charter school; and (M) may serve students in early childhood education programs or postsecondary stu- dents. (3) Charter management organization The term ‘‘charter management organiza- tion’’ means a nonprofit organization that op- erates or manages a network of charter schools linked by centralized support, oper- ations, and oversight. (4) Charter school support organization The term ‘‘charter school support organiza- tion’’ means a nonprofit, nongovernmental en- tity that is not an authorized public char- tering agency and provides, on a statewide basis— (A) assistance to developers during the planning, program design, and initial imple- mentation of a charter school; and (B) technical assistance to operating char- ter schools. (5) Developer The term ‘‘developer’’ means an individual or group of individuals (including a public or private nonprofit organization), which may in- clude teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. (6) Eligible applicant The term ‘‘eligible applicant’’ means a de- veloper that has— (A) applied to an authorized public char- tering authority to operate a charter school; and (B) provided adequate and timely notice to that authority. (7) Expand The term ‘‘expand’’, when used with respect to a high-quality charter school, means to sig- nificantly increase enrollment or add one or more grades to the high-quality charter school. (8) High-quality charter school The term ‘‘high-quality charter school’’ means a charter school that— (A) shows evidence of strong academic re- sults, which may include strong student aca- demic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance; (C) has demonstrated success in signifi- cantly increasing student academic achieve- ment, including graduation rates where ap- plicable, for all students served by the char- ter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section 6311(c)(2) of this title, except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal per- sonally identifiable information about an in- dividual student. (9) Replicate The term ‘‘replicate’’, when used with re- spect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high-quality charter school, under an existing charter or an additional charter, if permitted or required by State law. Page 1499 TITLE 20—EDUCATION § 7221j (Pub. L. 89–10, title IV, § 4310, formerly title V, § 5210, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1798; renumbered title IV, § 4310, and amended Pub. L. 114–95, title IV, §§ 4001(b)(2)(A), (B), (D)(iii), 4301(4), Dec. 10, 2015, 129 Stat. 1967, 2012.) Editorial Notes REFERENCES IN TEXT The Age Discrimination Act of 1975, referred to in par. (2)(G), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of Title 42 and Tables. The Civil Rights Act of 1964, referred to in par. (2)(G), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Education Amendments of 1972, referred to in par. (2)(G), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. The Americans with Disabilities Act of 1990, referred to in par. (2)(G), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Individuals with Disabilities Education Act, re- ferred to in par. (2)(G), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified gen- erally to subchapter II (§ 1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. AMENDMENTS 2015—Pub. L. 114–95, § 4301(4)(A), substituted ‘‘part’’ for ‘‘subpart’’ in introductory provisions. Par. (1). Pub. L. 114–95, § 4301(4)(C), redesignated par. (4) as (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 114–95, § 4301(4)(B), redesignated par. (1) as (2). Former par. (2) redesignated (5). Par. (2)(G). Pub. L. 114–95, § 4301(4)(D)(i), substituted ‘‘, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 1232g of this title (com- monly referred to as the ‘Family Educational Rights and Privacy Act of 1974’), and part B’’ for ‘‘, and part B’’. Par. (2)(H). Pub. L. 114–95, § 4301(4)(D)(ii), added sub- par. (H) and struck out former subpar. (H) which read as follows: ‘‘is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated;’’. Par. (2)(I). Pub. L. 114–95, § 4301(4)(D)(iii), added sub- par. (I) and struck out former subpar. (I) which read as follows: ‘‘agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such requirements are specifically waived for the purpose of this program;’’. Par. (2)(M). Pub. L. 114–95, § 4301(4)(D)(iv)–(vi), added subpar. (M). Pars. (3), (4). Pub. L. 114–95, § 4301(4)(E), added pars. (3) and (4). Former pars. (3) and (4) redesignated (6) and (1), respectively. Par. (5). Pub. L. 114–95, § 4301(4)(B), redesignated par. (2) as (5). Par. (6). Pub. L. 114–95, § 4301(4)(B), redesignated par. (3) as (6). Par. (6)(B). Pub. L. 114–95, § 4301(4)(F), struck out ‘‘under section 7221b(d)(3) of this title’’ before period at end. Pars. (7) to (9). Pub. L. 114–95, § 4301(4)(G), added pars. (7) to (9). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7221j. Authorization of appropriations There are authorized to be appropriated to carry out this part— (1) $270,000,000 for fiscal year 2017; (2) $270,000,000 for fiscal year 2018; (3) $300,000,000 for fiscal year 2019; and (4) $300,000,000 for fiscal year 2020. (Pub. L. 89–10, title IV, § 4311, as added Pub. L. 114–95, title IV, § 4301(5), Dec. 10, 2015, 129 Stat. 2013.) Editorial Notes PRIOR PROVISIONS A prior section 7221j, Pub. L. 89–10, title IV, § 4311, for- merly title V, § 5211, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1799; renumbered title IV, § 4311, Pub. L. 114–95, title IV, § 4001(b)(2)(A), (B), (D)(iii), Dec. 10, 2015, 129 Stat. 1967, authorized appropriations for fiscal year 2002 and the 5 succeeding fiscal years, prior to repeal by Pub. L. 114–95, § 5, title IV, § 4301(5), Dec. 10, 2015, 129 Stat. 1806, 2013, effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs. A prior section 4311 of Pub. L. 89–10 was classified to section 3091 of this title, prior to general amendment of Pub. L. 89–10 by Pub. L. 103–382. Prior sections 7223 to 7223j and 7225 to 7225g were re- pealed by Pub. L. 114–95, § 5, title IV, § 4001(b)(1)(B), Dec. 10, 2015, 129 Stat. 1806, 1967, effective Dec. 10, 2015, ex- cept with respect to certain noncompetitive programs and competitive programs. Section 7223, Pub. L. 89–10, title V, § 5221, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800, stated purpose of subpart 2 of part B of former sub- chapter V of this chapter, related to credit enhance- ment initiatives to assist charter school facility acqui- sition, construction, and renovation. Section 7223a, Pub. L. 89–10, title V, § 5222, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800, related to grants to eligible entities. Section 7223b, Pub. L. 89–10, title V, § 5223, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1800, related to applications for grants. Section 7223c, Pub. L. 89–10, title V, § 5224, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801, related to charter school objectives. Section 7223d, Pub. L. 89–10, title V, § 5225, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1801, related to reserve account. Section 7223e, Pub. L. 89–10, title V, § 5226, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802, related to limitation on administrative costs. Section 7223f, Pub. L. 89–10, title V, § 5227, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1802, related to audits and reports. Section 7223g, Pub. L. 89–10, title V, § 5228, as added Pub. L. 107–110, title V, § 501, Jan. 8, 2002, 115 Stat. 1803, provided that there was no full faith and credit for grantee obligations.