S. 4328 — FLEX Act

This section modifies funding allotments under the Charter Schools Program by (1) expanding authorized uses in subsection (a)(1) to include the addition or expansion of programs at high-quality charter schools; (2) in subsection (b), increasing required reservations to at least 15 percent (from 12.5 percent) in paragraph (1), at least 25 percent (from 22.5 percent) in paragraph (2), and at least 30 percent (from the remaining amount after paragraphs (1) and (2)) in paragraph (3); and (3) adding subsection (d) to require the Secretary to use any remaining amounts after subsection (b) reservations for charter school facilities assistance under §4304, national activities under §4305, and the Credit Enhancement for Charter School Facilities Program under §4303, with discretion to allocate such amounts. (Thus, the minimum total reservations increase to 70 percent from 100 percent of prior fixed allotments plus remainders.)

This section amends the grants for State entities program under the Charter Schools Program (CSP) (i.e., competitive subgrants to State entities, including SEAs and certain nonprofits, to award subgrants supporting the startup, replication, expansion, and strengthening of high-quality charter schools). Specifically, it (1) expands eligible subgrant uses to include support for adding or expanding curricular offerings (e.g., new academic programs, personalized learning, or curricular approaches) at high-quality charter schools if designed to enable additional student enrollment; (2) authorizes single-sex schools and services; (3) revises the planning and program design period allowable under subgrants to no more than 2 years as determined by the State entity; (4) requires the Secretary to conduct peer review of State entity applications while permitting (but not requiring) State entities to do so for subgrant applications; (5) establishes advance payment mechanisms for both State entity grants and subgrants per specified federal regulations (e.g., 2 C.F.R. § 200.305(b)(1)); (6) changes the recompetition trigger for State entities from those currently using funds to those that have not obligated all funds received; and (7) revises State entity application requirements and assurances, including initial projections of new, replicated, or expanded charter schools (not binding on subgrant allocations if an alternative better meets program purposes), an option to use a prior year's approved charter authorization application in lieu of a new subgrant application, and a requirement (for certain State entities) to support cohesive strategies across authorized public chartering agencies.

This section revises the allocation of funds reserved under the Charter Schools Program (CSP) for national activities. Specifically, it replaces subsection (a) to require the Secretary to use such funds as follows: (1) not more than 10% to provide support and technical assistance to state entities and grantees, disseminate best practices, increase charter school facilities access (including funding and financing), expand seats through planning, prioritize seats in charter schools located in states with recent authorizing legislation, serving rural students, or serving students with disabilities, and evaluate program impacts on student achievement; (2) not more than 15% to award competitive grants to eligible applicants in states without a grant under CSP state entities (section 4303) for activities described in section 4303(h); and (3) the remainder for grants under subsection (b). The section also streamlines subsection (b) grant application requirements by striking a subclause and the multi-year financial and operating model requirement and adds a new eligibility priority for charter management organizations 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 under the Charter Schools Program (ESEA Title IV Part C) for the Secretary of Education to consult with charter school operators prior to issuing regulations by (1) requiring such consultation (striking "to the extent practicable"); (2) specifying that consultation occur prior to issuance of a notice of proposed rulemaking; and (3) applying the requirement to the entire part (striking "subpart").

This section revises the paperwork reduction provision for the Charter Schools Program by (1) restructuring it into subsection (a) and removing the "to the extent practicable" qualifier; (2) expanding its applicability from the subpart to the entire part; (3) adding State entities (as defined in section 4303), in addition to local educational agencies and charter schools, as covered entities; and (4) adding subsection (b) to limit the Secretary to promulgating only regulations necessary for program administration and to prohibit additional nonstatutory requirements.

This section revises the definition of education in the 21st Century Community Learning Centers program (i.e., after-school academic enrichment and support services for children, particularly those in high-poverty areas) to explicitly include other educational programs pursuant to state law.

This section applies this Act and its amendments to grants awarded under ESEA sections 4303 (credit enhancement initiatives to assist charter schools, i.e., grants and credit enhancements for charter school facilities) and 4305 (charter management organizations, i.e., grants to nonprofits operating multiple charter schools) on or after the date of enactment. Entities that received grants under those sections prior to enactment, for which the grant period has not expired, may elect to carry out the remainder of the grant period in accordance with this Act and its amendments.