H.R. 7082 — FLEX Act

This section revises the charter school program by (1) authorizing support for the addition or expansion of programs at high-quality charter schools, in addition to startup, replication, and expansion; and (2) modifying the funding allotment requirements by increasing the minimum reservations from annual appropriations to at least 15% (from 12.5%) for facilities assistance under section 4304, at least 25% (from 22.5%) for national activities under section 4305, and at least 30% (from the prior remainder of 65%) for grants under section 4303, with any remaining funds after these reservations to be allocated by the Secretary among the three components. (Thus, the prior fixed allotments totaling 100% are replaced by minimum reservations totaling at least 70%, providing the Secretary with allocation flexibility.)

This section expands eligible subgrant activities under the Charter Schools Program (CSP)—which provides competitive grants to state entities (i.e., SEAs, state charter boards, governors, or charter support organizations) for subgranting to open new charter schools, replicate or expand high-quality ones, and providing technical assistance—to include supporting the addition or expansion of curricular or other offerings at high-quality charter schools designed to enable additional student enrollment (e.g., new academic programs or delivery models, personalized learning, or new curricular approaches). It further (1) requires state entities to meet minimum subgrant (90%), technical assistance (7%), and administrative (up to 3%) fund use percentages over the full grant period; (2) permits single-sex charter schools and services; (3) allows state entities to determine subgrant planning and program design periods of up to two years; (4) requires the Secretary (previously both the Secretary and state entities) to match subgrant funds while permitting state entities to do so; (5) revises state entity application requirements to include initial projections of charter school openings, replications, or expansions (not binding on subgrant allocations); an option to use a prior year's approved charter authorization application in place of a subgrant application; and assurances to address student transportation needs; (6) expands allowable subgrant uses to include hiring and compensating teachers, school leaders, or instructional support personnel; academic subscriptions; curricular support; facility operations and management; and renovations, upgrades, repairs, or portable classrooms for statutory compliance (and removes prior restrictions on "one-time startup" or "non-sustained" costs); and (7) makes other administrative changes, such as revising fund reallocation criteria, performance measures, and evaluation timelines.

This section revises the allocation of funds reserved under section 4302(b)(2) for national activities in the Charter Schools Program—previously allocating up to 80 percent for replication and expansion grants under subsection (b), up to 9 percent for grants to states without a section 4303 grant to support activities under section 4303(h), and the remainder for technical assistance, best practices dissemination, and evaluation—by instead requiring the Secretary to first use not more than 10 percent for an expanded set of activities, including technical assistance to state entities awarding subgrants and grant recipients under sections 4303 and 4304; best practices dissemination; increasing charter school facilities access (including funding and financing); early-stage planning to add seats; adding seats in charter schools in states with legislation enacted within the prior five years, serving rural students, or serving students with disabilities; and program evaluation (with student achievement metrics); and to use the remainder for grants under subsection (b) and competitive grants to eligible applicants in states without a section 4303 grant. It further modifies application requirements for replication and expansion grants to charter management organizations by eliminating the need to submit a multi-year financial and operating model and adds to grant award priorities support for entities planning to operate or manage high-quality charter schools in states where they have no existing presence or where charter options are limited.

This section revises the requirement for the Secretary of Education to consult charter school administrators, teachers, and other operators on rules or regulations implementing this part (from this subpart) or other specified programs affecting charter schools by (1) making consultation mandatory (from "to the extent practicable"); and (2) requiring consultation prior to issuance of a notice of proposed rulemaking.

This section revises the paperwork reduction provision for the charter school programs (i.e., competitive grants to state entities, public chartering agencies, and developers to create and replicate high-quality charter schools) by (1) inserting “and regulation” in the heading; (2) designating the existing text as subsection (a) titled “Paperwork reduction”; (3) changing the scope from “this subpart” to “this part”; (4) expanding the covered entities from eligible applicants or charter schools to eligible applicants, charter schools, or State entities (as defined in section 4303); and (5) adding subsection (b) to limit the Secretary of Education to promulgating only regulations necessary for program administration, without additional nonstatutory requirements.

This section revises the definition of charter school to specify that it provides a program of elementary or secondary education—which may include other educational programs pursuant to state law—or both (previously, elementary or secondary education, or both).

This section applies this Act and its amendments to grants awarded under the state charter school program (20 U.S.C. 7221b)—which provides competitive grants to state entities (i.e., state educational agencies, state charter school boards, governors, or charter school support organizations) for subgrants to open or expand high-quality charter schools and related technical assistance—and the charter school developer grant program (20 U.S.C. 7221d) on or after the date of enactment. It permits recipients of prior grants under those programs, if their grant periods have not expired, to elect to carry out the remainder of such grants in accordance with this Act and its amendments.