[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1083 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1083
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
May 23, 2013
Mr. Durbin (for himself and Mr. Kirk) 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 2013'' or ``All-STAR Act of 2013''.
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 new openings for students that
could be created in such schools with such grant;
``(C) 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
``(D) 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) In general.--A grant under this section shall
be for a period of not more than 3 years, except that--
``(i) 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; and
``(ii) the Secretary may renew such grant
for 1 additional 2-year period, if the
Secretary determines that the eligible entity
is meeting the goals of the grant.
``(B) Subsequent grants.--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)(I) the status of such schools in
making adequate yearly progress, as defined in
a State's plan in accordance with section
1111(b)(2)(C) or, in the case of schools for
which the Secretary has waived the
applicability of such section pursuant to the
authority under section 9401, the status of
such schools under the accountability standards
authorized by such waiver; and
``(II) the status of such schools 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--
``(I) the number of students
enrolled in dual enrollment, Advanced
Placement, International Baccalaureate,
or other college level courses;
``(II) the number of students
earning a professional certificate or
license through the school;
``(III) student graduation rates;
and
``(IV) rates of student acceptance,
enrollment, and persistence in
institutions of higher education, where
possible.
``(B) Plan.--A plan for--
``(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 (as
applicable), 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
achievement gaps; 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:
``(i) Identified schools.
``(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 information (in a
language that the parents can understand) about the
eligible public charter schools receiving subgrants
under this section--
``(i) 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); or
``(ii) in any case where the requirements
under section 1116(c) have been waived in whole
or in part by the Secretary under the authority
of section 9401, to parents of each student
enrolled in a school served by a local
educational agency that has been identified as
in need of additional assistance under any
accountability system established under such
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) 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;
``(iii) provides strong evidence of support
for public charter schools and has in place
innovative policies that support academically
successful charter school growth;
``(iv) authorizes public charter schools to
offer early childhood education programs,
including prekindergarten, in accordance with
State law;
``(v) authorizes or allows public charter
schools to serve as school food authorities;
``(vi) 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);
``(vii) has an appeals process for the
denial of an application for a public charter
school;
``(viii) 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;
``(ix) allows any public charter school to
be a local educational agency in accordance
with State law;
``(x) 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 (or any similar reporting
requirement authorized by the Secretary
through a waiver under section 9401);
``(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
``(xi) 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:
``(1) Subgrants.--
``(A) In general.--An eligible entity shall 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)), as long as the eligible public
charter school demonstrates to the eligible
entity, in the application required under
subparagraph (B), that the public charter
school has the capability to continue providing
such transportation after the expiration of the
subgrant funds;
``(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, including data
collection and management.
``(D) Priority.--In awarding subgrants under this
subsection, an eligible entity shall give priority to
an eligible public charter school that--
``(i)(I) has significantly closed any
achievement gaps 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;
or
``(II) in the case of a school in a State
for which the Secretary has granted a waiver
under section 9401, has significantly closed
any achievement gaps among groups of students,
as determined by the Secretary in accordance
with any accountability standards that the
Secretary has authorized through such waiver;
and
``(ii) has been in operation for not less
than 3 consecutive years and has demonstrated
overall success, including--
``(I) substantial progress in
improving student achievement, as
measured--
``(aa) for tested grades
and subjects, by a student's
score on State academic
assessments required under this
Act, and other rigorous
measures of student learning
that are comparable across
classrooms, such as the
measures described in item
(bb); and
``(bb) for non-tested
grades and subjects,
alternative measures of student
learning and performance, such
as student scores on pretests
and end-of-course tests,
student performance on English
language proficiency
assessments; and other measures
of student achievement that are
rigorous and comparable across
classrooms; and
``(II) the management and
leadership necessary to overcome
initial start-up problems and establish
a thriving, financially viable charter
school.
``(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,
research, and data collection.--
``(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, including data
collection and management.
``(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)).
``(f) Reserve Account.--
``(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 subsection and used in
accordance with the purpose described in subsection (a).
``(4) Recovery of funds.--
``(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
2013, 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 2013 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
subsection (e);
``(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;
``(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)); or
``(E) a consortium of organizations described in
subparagraph (D).
``(5) Eligible public charter school.--The term `eligible
public charter school' means a charter school that has no
significant compliance issue and shows evidence of strong
academic results for the past three years (or over the life of
the school if the school has been open for fewer than three
years), based on--
``(A) increased student academic achievement and
attainment for all students, including, as applicable,
educationally disadvantaged students served by the
charter school;
``(B)(i) demonstrated success in closing historic
achievement gaps for the subgroups of students
described in section 1111(b)(2)(C)(v)(II) at the
charter school or, in the case of a school in a State
for which the Secretary has granted a waiver under
section 9401, demonstrated success in closing
achievement gaps among groups of students, as
determined by the Secretary in accordance with any
accountability standards that the Secretary has
authorized through such waiver; or
``(ii) no significant achievement gaps between any
of the subgroups of students described in section
1111(b)(2)(C)(v)(II) (or as determined by the Secretary
in accordance with any accountability standards
authorized through a waiver under section 9401) and
significant gains in student achievement with all
populations of students served by the charter school;
and
``(C) results (including, where applicable and
available, performance on statewide tests, attendance
and retention rates, secondary school graduation rates,
and attendance and persistence rates at institutions of
higher education) for low-income and other
educationally disadvantaged students served by the
charter school that are above the average achievement
results for such students in the State.
``(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--
``(A) identified for school improvement, corrective
action, or restructuring under paragraph (1), (7), or
(8) of section 1116(b); or
``(B) in the case of a school for which the
Secretary has waived the applicability of such
paragraphs pursuant to section 9401, identified as a
priority school, a focus school, or a school otherwise
in need of significant assistance, as determined by the
accountability standards authorized by such waiver
``(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 2014 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 in section 2 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.'';
and
(4) by striking the item relating to section 5231.
<all>