Equitable Access to School Facilities Act

(1) to support 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’ access to public buildings; and

(2) to make other improvements to the Federal Charter Schools Program.

In this subsection, the term State entity has the meaning given the term in section 4303(a).

From the amount reserved under section 4302(b)(1) and remaining after the Secretary makes grants under subsection (a) and reserves funds under paragraph (3) of this subsection, the Secretary shall make grants, on a competitive basis, to State entities to pay for the cost of establishing or enhancing, and administering, charter school facilities aid programs.

A State entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time, and in such manner, as the Secretary may require, and containing the information needed for the considerations and priorities described in subparagraphs (C) and (D).

In making grants under this subsection, the Secretary shall consider the extent to which the activities proposed to be carried out under a grant will—

(i) increase charter schools’ access to State funds or financing for acquiring or operating facilities, including by reducing the gaps to such access between charter schools and other public schools in the same State;

(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.

In making grants under this subsection, the Secretary shall give a competitive preference priority to a State entity 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; or

(iv) prohibits localities and other instrumentalities of the State from imposing negative deed restrictions on properties that limit charter school access, including prohibitions or restrictions on charter schools purchasing surplus public property.

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 State in which the State entity is located:

(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 alternate ownership models to plan, develop, and manage facilities for charter schools and other public service providers.

(I) In the case of a State entity that is not receiving a grant under subsection (a), establishing and maintaining a reserve account described in subsection (f) and depositing all, or a portion of, the grant funds received under this subsection in such reserve account for one or more of the purposes described subsection (f)(1).

(II) In the case of a State entity that is receiving a grant under subsection (a), depositing all, or a portion of, the grant funds received under this subsection in the reserve account established and maintained by the State entity under subsection (f).

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.

From the amount reserved under section 4302(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary may reserve not more than 2 percent to carry out, directly or through grants or contracts, technical assistance to State entities receiving grants under this subsection, evaluation of grant activities, and research and dissemination related to the purposes of this subsection.

Section 4303(e)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b(e)(1)) is amended by striking is currently using and inserting has not fully obligated all funds received through.

Section 4303(f)(1)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b(f)(1)(A)(i)) is amended—

(1) by striking the proposed number and inserting an initial projection of the number; and

(2) by inserting, provided that such initial projection shall not govern a State entity’s allocation of subgrant funds if the State entity determines, after selecting subgrantees, that an alternative allocation would better meet the purposes of the program after the State entity’s program.

Section 4303(h)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b(h)(1)(B)) is amended by inserting or initial implementation after planning.

Section 4303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is amended by adding at the end the following:

In making grants under this section and under section 4305(b), the Secretary shall approve requests by a grantee to extend its project period if the grantee can present evidence that additional time is needed for project activities because of factors out of the grantee’s control.