[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1480 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1480
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2023
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.
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 authorize support for 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' free access to
public buildings.
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 (4) 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 with a State, by reducing gaps in
such funding (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 of 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 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, 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
ownership models, such as local education
property trusts through which municipalities
set up independent public or nonprofit entities
to plan, develop, and manage facilities for
charter schools and other public service
providers.
``(iv) Through a reserve fund, carrying out
the activities described in 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 (4), 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) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$100,000,000 for each of the fiscal years 2024 through 2028.''.
SEC. 5. CONFORMING AMENDMENT.
Section 4311 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7221j) is amended by inserting ``(with the exception of
section 4304(k))'' after ``this part''.
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