S 809
112th CONGRESS
1st Session
S. 809
To provide high-quality public charter school options for students
by enabling such public charter schools to expand and replicate.
IN THE SENATE OF THE UNITED STATES
April 13, 2011
Mr. DURBIN (for himself, Mr. KIRK, and Ms. LANDRIEU) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
A BILL
To provide high-quality public charter school options for students
by enabling such public charter schools to expand and replicate.
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 `All Students Achieving through Reform
Act of 2011' or `All-STAR Act of 2011'.
SEC. 2. CHARTER SCHOOL EXPANSION AND REPLICATION.
(a) In General- Subpart 1 of part B of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221 et seq.) is amended--
(1) by striking section 5211;
(2) by redesignating section 5210 as section 5211; and
(3) by inserting after section 5209 the following:
`SEC. 5210. CHARTER SCHOOL EXPANSION AND REPLICATION.
`(a) Purpose- It is the purpose of this section to support State efforts
to expand and replicate high-quality public charter schools to enable
such schools to serve additional students, with a priority to serve
those students who attend identified schools or schools with a low graduation
rate.
`(b) Support for Proven Charter Schools and Increasing the Supply of
High-Quality Charter Schools-
`(1) GRANTS AUTHORIZED- From the amounts appropriated under section
5200 for any fiscal year, the Secretary shall award grants, on a competitive
basis, to eligible entities to enable the eligible entities to make
subgrants to eligible public charter schools under subsection (e)(1)
and carry out the other activities described in subsection (e), in
order to allow the eligible public charter schools to serve additional
students through the expansion and replication of such schools.
`(2) AMOUNT OF GRANTS- In determining the grant amount to be awarded
under this subsection to an eligible entity, the Secretary shall consider--
`(A) the number of eligible public charter schools under the jurisdiction
or in the service area of the eligible entity that are operating;
`(B) the number of openings for new students that could be created
in such schools with such grant;
`(C) the number of students eligible for free or reduced price lunches
under the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) who are on waiting lists for charter schools under
the jurisdiction or in the service area of the eligible entity,
and other information with respect to charter schools in such jurisdiction
or service area that suggest the interest of parents in charter
school enrollment for their children;
`(D) the number of students attending identified schools or schools
with a low graduation rate in the State or area where an eligible
entity intends to replicate or expand eligible public charter schools;
and
`(E) the success of the eligible entity in overseeing public charter
schools and the likelihood of continued or increased success because
of the grant under this section.
`(3) DURATION OF GRANTS- A grant under this section shall be for a
period of not more than 3 years, except that an eligible entity receiving
such grant may, at the discretion of the Secretary, continue to expend
grant funds after the end of the grant period. An eligible entity
that has received a grant under this section may receive subsequent
grants under this section.
`(c) Application Requirements-
`(1) APPLICATION REQUIREMENTS- To be considered for a grant under
this section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
`(2) CONTENTS- The application described in paragraph (1) shall include,
at a minimum, the following:
`(A) RECORD OF SUCCESS- Documentation of the record of success of
the eligible entity in overseeing or operating public charter schools,
including--
`(i) the performance of the students of such public charter schools
on the student academic assessments described in section 1111(b)(3)
of the State where such school is located (including a measurement
of the students' average academic longitudinal growth at each
such school, if such measurement is required by a Federal or State
law applicable to the entity), disaggregated by--
`(I) economic disadvantage;
`(II) race and ethnicity;
`(III) disability status; and
`(IV) status as a student with limited English proficiency;
`(ii) the status of such schools under section 1116 in making
adequate yearly progress or as identified schools;
`(iii) documentation of demonstrated success by such public charter
schools in closing historic achievement gaps between groups of
students; and
`(iv) in the case of such public charter schools that are secondary
schools, the graduation rates and rates of student acceptance,
enrollment, and persistence in institutions of higher education,
where possible.
`(i) replicating and expanding eligible public charter schools
operated or overseen by the eligible entity;
`(ii) identifying eligible public charter schools, or networks
of eligible public charter schools, to receive subgrants under
this section;
`(iii) increasing the number of openings in eligible public charter
schools for students attending identified schools and schools
with a low graduation rate;
`(iv) ensuring that eligible public charter schools receiving
a subgrant under this section enroll students through a random
lottery for admission, unless the charter school is using the
subgrant to expand the school to serve additional grades, in which
case such school may reserve seats in the additional grades for--
`(I) each student enrolled in the grade preceding each such
additional grade;
`(II) siblings of students enrolled in the charter school, if
such siblings desire to enroll in such grade; and
`(III) children of the charter school's founders, staff, or
employees;
`(v)(I) in the case of an eligible entity described in subparagraph
(A) or (C) of subsection (k)(4), the manner in which the eligible
entity will work with identified schools and schools with a low
graduation rate that are eligible to enroll students in a public
charter school receiving a subgrant under this section and that
are under the eligible entity's jurisdiction, and the local educational
agencies serving such schools, to--
`(aa) engage in community outreach, provide information in a
language that the parents can understand, and communicate with
parents of students at identified schools and schools with a
low graduation rate who are eligible to attend a public charter
school receiving a subgrant under this section about the opportunity
to enroll in or transfer to such school, in a manner consistent
with section 444 of the General Education Provisions Act (commonly
known as the `Family Educational Rights and Privacy Act of 1974');
and
`(bb) ensure that a student can transfer to an eligible public
charter school if the public charter school such student was
attending in the previous school year is no longer an eligible
public charter school; and
`(II) in the case of an eligible entity described in subparagraph
(B) or (D) of subsection (k)(4), the manner in which the eligible
entity will work with the local educational agency to carry out
the activities described in items (aa) and (bb) of subclause (I);
`(vi) disseminating to public schools under the jurisdiction or
in the service area of the eligible entity, in a manner consistent
with section 444 of the General Education Provisions Act (commonly
known as the `Family Educational Rights and Privacy Act of 1974'),
the best practices, programs, or strategies learned by awarding
subgrants to eligible public charter schools under this section,
with particular emphasis on the best practices with respect to--
`(I) focusing on closing the achievement gap; or
`(II) successfully addressing the education needs of low-income
students; and
`(vii) in the case of an eligible entity described in subsection
(k)(4)(D)--
`(I) supporting the short-term and long-term success of the
proposed project, by--
`(aa) developing a multi-year financial and operating model
for the eligible entity; and
`(bb) including, with the plan, evidence of the demonstrated
commitment of current partners, as of the time of the application, for
the proposed project and of broad support from stakeholders critical
to the project's long-term success;
`(II) closing public charter schools that do not meet acceptable
standards of performance; and
`(III) achieving the objectives of the proposed project on time
and within budget, which shall include the use of clearly defined
responsibilities, timelines, and milestones for accomplishing
project tasks.
`(C) CHARTER SCHOOL INFORMATION- The number of--
`(i) eligible public charter schools that are operating in the
State in which the eligible entity intends to award subgrants
under this section;
`(ii) public charter schools approved to open or likely to open
during the grant period in such State;
`(iii) available openings in eligible public charter schools in
such State that could be created through the replication or expansion
of such schools if the grant is awarded to the eligible entity;
`(iv) students on public charter school waiting lists (if such
lists are available) in--
`(I) the State in which the eligible entity intends to award
subgrants under this section; and
`(II) each local educational agency serving an eligible public
charter school that may receive a subgrant under this section
from the eligible entity; and
`(v) students, and the percentage of students, in a local educational
agency who are attending eligible public charter schools that
may receive a subgrant under this section from the eligible entity.
`(D) TRADITIONAL PUBLIC SCHOOL INFORMATION- In the case of an eligible
entity described in subparagraph (A) or (C) of subsection (k)(4),
a list of the following schools under the jurisdiction of the eligible
entity, including the name and location of each such school, the
number and percentage of students under the jurisdiction of the
eligible entity who are attending such school, and such demographic
and socioeconomic information as the Secretary may require:
`(ii) Schools with a low graduation rate.
`(E) ASSURANCE- In the case of an eligible entity described in subsection
(k)(4)(A), an assurance that the eligible entity will include in
the notifications provided under section 1116(c)(6) to parents of
each student enrolled in a school served by a local educational
agency identified for school improvement or corrective action under
paragraph (1) or (7) of section 1116(c), information (in a language
that the parents can understand) about the eligible public charter
schools receiving subgrants under this section.
`(3) MODIFICATIONS- The Secretary may modify or waive any information
requirement under paragraph (2)(C) for an eligible entity that demonstrates
that the eligible entity cannot reasonably obtain the information.
`(d) Priorities for Awarding Grants-
`(1) IN GENERAL- In awarding grants under this section, the Secretary
shall give priority to an eligible entity that--
`(A) serves or plans to serve a large percentage of low-income students
from identified schools or public schools with a low graduation
rate;
`(B) oversees or plans to oversee one or more eligible public charter
schools;
`(C) provides evidence of effective monitoring of the academic success
of students who attend public charter schools under the jurisdiction
of the eligible entity;
`(D) has established goals, objectives, and outcomes for the proposed
project that are clearly specified, measurable, and attainable;
`(E) in the case of an eligible entity that is a local educational
agency under State law, has a cooperative agreement under section
1116(b)(11); and
`(F) is under the jurisdiction of, or plans to award subgrants under
this section in, a State that--
`(i) ensures that all public charter schools (including such schools
served by a local educational agency and such schools considered
to be a local educational agency under State law) receive, in
a timely manner, the Federal, State, and local funds to which
such schools are entitled under applicable law;
`(ii) does not have a cap that restricts the growth of public
charter schools in the State;
`(iii) provides funding (such as capital aid distributed through
a formula or access to revenue generated bonds, and including
funding for school facilities) on a per-pupil basis to public
charter schools commensurate with the amount of funding (including
funding for school facilities) provided to traditional public
schools;
`(iv) provides strong evidence of support for public charter schools
and has in place innovative policies that support academically
successful charter school growth;
`(v) authorizes public charter schools to offer early childhood
education programs, including prekindergarten, in accordance with
State law;
`(vi) authorizes or allows public charter schools to serve as
school food authorities;
`(vii) ensures that each public charter school in the State--
`(I) has a high degree of autonomy over the public charter school's
budget and expenditures;
`(II) has a written performance contract with an authorized
public chartering agency that ensures that the school has an
independent governing board with a high degree of autonomy;
and
`(III) in the case of an eligible public charter school receiving
a subgrant under this section, amends its charter to reflect
the growth activities described in subsection (e);
`(viii) has an appeals process for the denial of an application
for a public charter school;
`(ix) provides that an authorized public chartering agency that
is not a local educational agency, such as a State chartering
board, is available for each individual or entity seeking to operate
a public charter school pursuant to such State law;
`(x) allows any public charter school to be a local educational
agency in accordance with State law;
`(xi) ensures that each authorized public chartering agency in
the State submits annual reports to the State educational agency,
and makes such reports available to the public, on the performance
of the schools authorized or approved by such public chartering
agency, which reports shall include--
`(I) the authorized public chartering agency's strategic plan
for authorizing or approving public charter schools and any
progress toward achieving the objectives of the strategic plan;
`(II) the authorized public chartering agency's policies for
authorizing or approving public charter schools, including how
such policies examine a school's--
`(aa) financial plan and policies, including financial controls
and audit requirements;
`(bb) plan for identifying and successfully (in compliance
with all applicable laws and regulations) serving students with disabilities,
students who are English language learners, students who are academically
behind their peers, and gifted students; and
`(cc) capacity and capability to successfully launch and subsequently
operate a public charter school, including the backgrounds of the individuals
applying to the agency to operate such school and any record of such
individuals operating a school;
`(III) the authorized public chartering agency's policies for
renewing, not renewing, and revoking a public charter school's
charter, including the role of student academic achievement
in such decisions;
`(IV) the authorized public chartering agency's transparent,
timely, and effective process for closing down academically
unsuccessful public charter schools;
`(V) the academic performance of each operating public charter
school authorized or approved by the authorized public chartering
agency, including the information reported by the State in the
State annual report card under section 1111(h)(1)(C) for such
school;
`(VI) the status of the authorized public chartering agency's
charter school portfolio, by identifying all charter schools
served by the public chartering agency in each of the following
categories: approved (but not yet open), operating, renewed,
transferred, revoked, not renewed, voluntarily closed, or never
opened;
`(VII) the authorizing functions provided by the authorized
public chartering agency to the public charter schools under
its purview, including such agency's operating costs and expenses
as detailed through annual auditing of financial statements
that conform with general accepted accounting principles; and
`(VIII) the services purchased (such as accounting, transportation,
and data management and analysis) from the authorized public
chartering agency by the public charter schools authorized or
approved by such agency, including an itemized accounting of
the actual costs of such services; and
`(xii) has or will have (within 1 year after receiving a grant
under this section) a State policy and process for overseeing
and reviewing the effectiveness and quality of the State's authorized
public chartering agencies, including--
`(I) a process for reviewing and evaluating the performance
of the authorized public chartering agencies in authorizing
or approving public charter schools, including a process that
enables the authorized public chartering agencies to respond
to any State concerns; and
`(II) any other necessary policies to ensure effective charter
school authorizing in the State in accordance with the principles
of quality charter school authorizing, as determined by the
State in consultation with the charter school community and
stakeholders.
`(2) SPECIAL RULE- In awarding grants under this section, the Secretary
may determine how the priorities described in paragraph (1) will apply
to the different types of eligible entities defined in subsection
(k)(4).
`(e) Use of Funds- An eligible entity receiving a grant under this section
shall use the grant funds for the following:
`(A) IN GENERAL- To award subgrants, in such amount as the eligible
entity determines is appropriate, to eligible public charter schools
to replicate or expand such schools.
`(B) APPLICATION- An eligible public charter school desiring to
receive a subgrant under this subsection shall submit an application
to the eligible entity at such time, in such manner, and containing
such information as the eligible entity may require.
`(C) USES OF FUNDS- An eligible public charter school receiving
a subgrant under this subsection shall use the subgrant funds to
provide for an increase in the school's enrollment of students through
the replication or expansion of the school, which may include use
of funds to--
`(i) support the physical expansion of school buildings, including
financing the development of new buildings and campuses to meet
increased enrollment needs;
`(ii) pay costs associated with hiring additional teachers to
serve additional students;
`(iii) provide transportation to additional students to and from
the school, including providing transportation to students who
transfer to the school under a cooperative agreement established
under section 1116(b)(11);
`(iv) purchase instructional materials, implement teacher and
principal professional development programs, and hire additional
non-teaching staff; and
`(v) support any necessary activities associated with the school
carrying out the purposes of this section.
`(D) PRIORITY- In awarding subgrants under this subsection, an eligible
entity shall give priority to an eligible public charter school--
`(i) that has significantly closed any achievement gap on the
State academic assessments described in section 1111(b)(3) among
the groups of students described in section 1111(b)(2)(C)(v) by
improving scores;
`(I)(aa) ranks in at least the top 25th percentile of the schools
in the State, as ranked by the percentage of students in the
proficient or advanced level of achievement on the State academic
assessments in mathematics and reading or language arts described
in section 1111(b)(3); or
`(bb) has an average student score on an examination (chosen
by the Secretary) that is at least in the 60th percentile in
reading and at least in the 75th percentile in mathematics;
and
`(II) serves a high-need student population and is eligible
to participate in a schoolwide program under section 1114, with
additional priority given to schools that serve, as compared
to other schools that have submitted an application under this
subsection--
`(aa) a greater percentage of low-income students; and
`(bb) a greater percentage of not less than 2 groups of students
described in section 1111(b)(2)(C)(v)(II); and
`(iii) that meets the criteria described in clause (i) and serves
low-income students who have transferred to such school under
a cooperative agreement described in section 1116(b)(11).
`(E) DURATION OF SUBGRANT- A subgrant under this subsection shall
be awarded for a period of not more than 3 years, except that an
eligible public charter school receiving a subgrant under this subsection
may, at the discretion of the eligible entity, continue to expend
subgrant funds after the end of the subgrant period.
`(2) FACILITY FINANCING AND REVOLVING LOAN FUND- An eligible entity
may use not more than 25 percent of the amount of the grant funds
received under this section to establish a reserve account described
in subsection (f) to facilitate public charter school facility acquisition
and development by--
`(A) conducting credit enhancement initiatives (as referred to in
subpart 2) in support of the development of facilities for eligible
public charter schools serving students;
`(B) establishing a revolving loan fund for use by an eligible public
charter school receiving a subgrant under this subsection from the
eligible entity under such terms as may be determined by the eligible
entity to allow such school to expand to serve additional students;
`(C) facilitating, through direct expenditure or financing, the
acquisition or development of public charter school buildings by
the eligible entity or an eligible public charter school receiving
a subgrant under this subsection from the eligible entity, which
may be used as both permanent locations for eligible public charter
schools or incubators for growing charter schools; or
`(D) establishing a partnership with 1 or more community development
financial institutions (as defined in section 103 of the Community
Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702)) or other mission-based financial institutions to carry out
the activities described in subparagraphs (A), (B), and (C).
`(3) ADMINISTRATIVE TASKS, DISSEMINATION ACTIVITIES, AND OUTREACH-
`(A) IN GENERAL- An eligible entity may use not more than 7.5 percent
of the grant funds awarded under this section to cover administrative
tasks, dissemination activities, and outreach.
`(B) NONPROFIT ASSISTANCE- In carrying out the administrative tasks,
dissemination activities, and outreach described in subparagraph
(A), an eligible entity may contract with an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and exempt from tax under section 501(a) of such Code
(26 U.S.C. 501(a)).
`(1) IN GENERAL- To assist eligible entities in the development of
new public charter school buildings or facilities for eligible public
charter schools, an eligible entity receiving a grant under this section
may, in accordance with State and local law, directly or indirectly,
alone or in collaboration with others, deposit the amount of funds
described in subsection (e)(2) in a reserve account established and
maintained by the eligible entity.
`(2) INVESTMENT- Funds received under this section and deposited in
the reserve account established under this subsection shall be invested
in obligations issued or guaranteed by the United States or a State,
or in other similarly low-risk securities.
`(3) REINVESTMENT OF EARNINGS- Any earnings on funds received under
this subsection shall be deposited in the reserve account established
under this section and used in accordance with the purpose described
in subsection (a).
`(A) IN GENERAL- The Secretary, in accordance with chapter 37 of
title 31, United States Code, shall collect--
`(i) all funds in a reserve account established by an eligible
entity under this subsection if the Secretary determines, not
earlier than 2 years after the date the eligible entity first
received funds under this section, that the eligible entity has
failed to make substantial progress carrying out the purpose described
in paragraph (1); or
`(ii) all or a portion of the funds in a reserve account established
by an eligible entity under this subsection if the Secretary determines
that the eligible entity has permanently ceased to use all or
a portion of funds in such account to accomplish the purpose described
in paragraph (1).
`(B) EXERCISE OF AUTHORITY- The Secretary shall not exercise the
authority provided under subparagraph (A) to collect from any eligible
entity any funds that are being properly used to achieve such purpose.
`(C) PROCEDURES- Sections 451, 452, and 458 of the General Education
Provisions Act shall apply to the recovery of funds under subparagraph
(A).
`(D) CONSTRUCTION- This paragraph shall not be construed to impair
or affect the authority of the Secretary to recover funds under
part D of the General Education Provisions Act.
`(5) REALLOCATION- Any funds collected by the Secretary under paragraph
(4) shall be awarded to eligible entities receiving grants under this
section in the next fiscal year.
`(g) Financial Responsibility- The financial records of each eligible
entity and eligible public charter school receiving a grant or subgrant,
respectively, under this section shall be maintained in accordance with
generally accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
`(h) National Evaluation-
`(1) NATIONAL EVALUATION- From the amounts appropriated under section
5200, the Secretary shall conduct an independent, comprehensive, and
scientifically sound evaluation, by grant or contract and using the
highest quality research design available, of the impact of the activities
carried out under this section on--
`(A) student achievement, including State standardized assessment
scores and, if available, student academic longitudinal growth (as
described in subsection (c)(2)(A)(i)) based on such assessments;
and
`(B) other areas, as determined by the Secretary.
`(2) REPORT- Not later than 4 years after the date of the enactment
of the All Students Achieving through Reform Act of 2011, and biannually
thereafter, the Secretary shall submit to Congress a report on the
results of the evaluation described in paragraph (1).
`(i) Reports- Each eligible entity receiving a grant under this section
shall prepare and submit to the Secretary the following:
`(1) REPORT- A report that contains such information as the Secretary
may require concerning use of the grant funds by the eligible entity,
including the academic achievement of the students attending eligible
public charter schools as a result of the grant. Such report shall
be submitted before the end of the 3-year period beginning on the
date of enactment of the All Students Achieving through Reform Act
of 2011 and every 2 years thereafter.
`(2) PERFORMANCE INFORMATION- Such performance information as the
Secretary may require for the national evaluation conducted under
subsection (h)(1).
`(j) Inapplicability- The provisions of sections 5201 through 5209 shall
not apply to the program under this section.
`(k) Definitions- In this section:
`(1) ADEQUATE YEARLY PROGRESS- The term `adequate yearly progress'
has the meaning given such term in a State's plan in accordance with
section 1111(b)(2)(C).
`(2) ADMINISTRATIVE TASKS, DISSEMINATION ACTIVITIES, AND OUTREACH-
The term `administrative tasks, dissemination activities, and outreach'
includes costs and activities associated with--
`(A) recruiting and selecting students to attend eligible public
charter schools;
`(B) outreach to parents of students enrolled in identified schools
or schools with low graduation rates;
`(C) providing information to such parents and school officials
at such schools regarding eligible public charter schools receiving
subgrants under this section;
`(D) necessary oversight of the grant program under this section;
and
`(E) initiatives and activities to disseminate the best practices,
programs, or strategies learned in eligible public charter schools
to other public schools operating in the State where the eligible
entity intends to award subgrants under this section.
`(3) CHARTER SCHOOL- The term `charter school' means--
`(A) a charter school, as defined in section 5211(1); or
`(B) a school that meets the requirements of such section, except
for subparagraph (D) of the section, and provides prekindergarten
or adult education services.
`(4) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) a State educational agency;
`(B) an authorized public chartering agency;
`(C) a local educational agency that has authorized or is planning
to authorize a public charter school; or
`(D) an organization, including a nonprofit charter management organization,
that has an organizational mission and record of success supporting
the replication and expansion of high-quality charter schools and
is--
`(i) described in section 501(c)(3) of the Internal Revenue Code
of 1986 (26 U.S.C. 501(c)(3)); and
`(ii) exempt from tax under section 501(a) of such Code (26 U.S.C.
501(a)).
`(5) ELIGIBLE PUBLIC CHARTER SCHOOL- The term `eligible public charter
school' means a charter school, including a public charter school
that is being developed by a developer, that--
`(A) has made adequate yearly progress for 2 of the last 3 consecutive
school years; and
`(B) in the case of a public charter school that is a secondary
school, has, for the most recent school year for which data is available,
met or exceeded the graduation rate required by the State in order
to make adequate yearly progress for such year.
`(6) GRADUATION RATE- The term `graduation rate' has the meaning given
the term in section 1111(b)(2)(C)(vi), as clarified in section 200.19(b)(1)
of title 34, Code of Federal Regulations.
`(7) IDENTIFIED SCHOOL- The term `identified school' means a school
identified for school improvement, corrective action, or restructuring
under paragraph (1), (7), or (8) of section 1116(b).
`(8) LOCAL EDUCATIONAL AGENCY- The term `local educational agency'
includes any charter school that is a local educational agency, as
determined by State law.
`(9) LOW-INCOME STUDENT- The term `low-income student' means a student
eligible for free or reduced price lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
`(10) SCHOOL FOOD AUTHORITY- The term `school food authority' has
the meaning given the term in section 250.3 of title 7, Code of Federal
Regulations (or any corresponding similar regulation or ruling).
`(11) SCHOOL YEAR- The term `school year' has the meaning given such
term in section 12(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(d)).
`(12) TRADITIONAL PUBLIC SCHOOL- The term `traditional public school'
does not include any charter school, as defined in section 5211.'.
(b) Authorization of Appropriations- Part B of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7221 et seq.) is amended--
(1) by striking section 5231; and
(2) by inserting before subpart 1 the following:
`SEC. 5200. AUTHORIZATION OF APPROPRIATIONS FOR SUBPARTS 1 AND 2.
`(a) In General- There are authorized to be appropriated to carry out
subparts 1 and 2, $700,000,000 for fiscal year 2012 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
`(b) Allocation- In allocating funds appropriated under this section
for any fiscal year, the Secretary shall consider--
`(1) the relative need among the programs carried out under sections
5202, 5205, 5210, and subpart 2; and
`(2) the quality of the applications submitted for such programs.'.
(c) Conforming Amendments- The Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) is amended--
(1) in section 2102(2) (20 U.S.C. 6602(2)), by striking `5210' and
inserting `5211';
(2) in section 5204(e) (20 U.S.C. 7221c(e)), by striking `5210(1)'
and inserting `5211(1)';
(3) in section 5211(1) (as redesignated by subsection (a)(2)) (20
U.S.C. 7221i(1)), by striking `The term' and inserting `Except as
otherwise provided, the term';
(4) in section 5230(1) (20 U.S.C. 7223i(1)), by striking `5210' and
inserting `5211'; and
(5) in section 5247(1) (20 U.S.C. 7225f(1)), by striking `5210' and
inserting `5211'.
(d) Table of Contents- The table of contents of the Elementary and Secondary
Education Act of 1965 is amended--
(1) by inserting before the item relating to subpart 1 of part B of
title V the following:
`Sec. 5200. Authorization of appropriations for subparts 1 and 2.';
(2) by striking the items relating to sections 5210 and 5211;
(3) by inserting after the item relating to section 5209 the following:
`Sec. 5210. Charter school expansion and replication.
`Sec. 5211. Definitions.';
(4) by striking the item relating to section 5231.
END
