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    "title": "Lieberman Charter Schools Bill",
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    "ocrText": "Jonathan H. Schnur @ OVP\n09/10/97 10:05:37 AM\nRecord Type:\nRecord\nTo:\nWilliam R. Kincaid/OPD/EOP, Michael Cohen/OPD/EOP\nCC:\nSubject: Charter Legislation/Lieberman's office\nFrom Alex Medler at Education\nForwarded by Jonathan H. Schnur/OVP on 09/10/97 10:14 AM\nAlex_Medler @ ed.gov\n09/10/97 09:33:00 AM\nRecord Type:\nRecord\nTo:\nJonathan H. Schnur/OVP\nCC:\nSubject: Charter Legislation/Lieberman's office\nI bumped into Dan Gerstein this morning on the metro, and subsequently\ngrilled him on the status of stipulations regarding the charter school\nprogram. He said he might be able to circulate the draft soon. In\nthe meantime, here's what he told me:\n1. National activities would be capped at the 97 level.\n2. National activities would be directed to provide grants to \"charter\nfriends groups\" (the assorted groups and agencies that provide\ntechnical assistance to charter schools).\n3. National activities would include the Department giving assistance\nto states in setting up revolving loan funds. States would still fund\nthe revolving loans with their grants. (He didn't sound optomistic\nabout this part staying in the bill.)\n4. Stipulations about grants to states designed to encourage the\npassage of \"stronger\" charter school laws would be phased in over 3\nyears. States could still be refunded at the 97 level of funding for\nthree years, but new states and grants in the meantime would have\npreferences, and or stronger \"incentives\" encouraging the following:\na. a stronger definition of what is a charter school, including\nsome sort of performance based contract from the school with its\nchartering authority;\nb. a wide range of regulatory relief from state and local rules and\nregulations, i.e. \"blanket waivers\" written into charter laws; and\nC. some other language, which he didn't specify, that would lead to\nmore money going to states with more charter schools.\n5. they are awaiting the GAO report before writing anything about\ncharter school access to Federal categorical funds.\nAnd in the hearsay category,\nhe also said Riggs and Roemer were drafting an amendment on the House\nside to get the $75 up to $100, but that \"they\" were busy with some\nlegislation about the national test.\n091009E7.TXT\n10/16/97 THU 19:28 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n001\nFAX TRANSMISSION\nOF\nU.S. DEPARTMENT OF\nEDUCATION\n*\n*\nOffice of Legislation and Congressional Affairs\nUNITED STATES Of AMERICA\n600 Independence Ave., SW, Room 6337\nWashington, DC 20202-3100\n(202)401-1028\nFax: (202)401-1438\nDate: 10/16/97\nFax: 456-7028\nTo: Bill Kincard\nOffice of :\nFrom: Sandra Cook\nNumber of Pages (including cover sheet):\nIf there are any problèms with this transmission, please contact me at:\n(202)401-0020\nComments:\n10/16/97 THU 19:28 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n002\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n105TH CONGRESS\n1ST SESSION\nS.\nIN THE SENATE OF THE UNITED STATES\nMr. LIEBERMAN introduced the following bill; which was read twice and re-\nferred to the Committee on\nA\nBILL\nTo amend the Elementary and Secondary Education Act\nof-1965 regarding charter schools.\n1\nBe it enacted by the Senate and House of Representa-\n2 tives of the United States of America in Congress assembled,\n3 SECTION 1. SHORT TITLE.\n4\nThis Act may be cited as the \"Charter School Expan-\n5 sion Act of 1997\".\n6 SEC 2. INNOVATIVE CHARTER SCHOOLS.\n7\nTitle VI of the Elementary and Secondary Education\n8 Act of 1965 (20 U.S.C. 7301 et seq.) is amended-\n9\n(1) in section 6201(a) (20 U.S.C. 7331(a))-\n10\n(A) in paragraph (1)(C), by striking \"and\"\n11\nafter the semicolon;\n10/16/97 THU 19:29 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n003\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n2\n1\n(B) by redesignating paragraph (2) as\n2\nparagraph (3); and\n3\n(C) by inserting after paragraph (1) the\n4\nfollowing:\n5\n\"(2) support for planning, designing, and initial\n6\nimplementation of charter schools as described in\n7\npart C of title X; and\"; and\n8\n(2) in section 6301(b) (20 U.S.C. 7351(b))-\n9\n(A) in paragraph (7), by striking \"and\"\n10\nafter the semicolon;\n11\n(B) by redesignating paragraph (8) as\n12\nparagraph (9); and\n13\n(C) by inserting after paragraph (7) the\n14\nfollowing:\n15\n\"(8) planning, designing, and initial implemen-\n16\ntation of charter schools as described in part C of\n17\ntitle X; and\".\n18 SEC. 3. CHARTER SCHOOLS.\n19\n(a) PURPOSE.-Section 10301(b) of the Elementary\n20 and Secondary Education Act of 1965 (20 U.S.C.\n21 8061(b)) is amended—\n22\n(1) in paragraph (1), by striking \"and\" after\n23\nthe semicolon;\n24\n(2) in paragraph (2), by striking the period and\n25\ninserting \"; and\"; and\n10/16/97 THU 19:29 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n004\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n3\n1\n(3) by adding at the end the following:\n2\n\"(3) expanding the number of high quality\n3\ncharter schools available to students across the Na-\n4\ntion.\".\n5\n(b) PROGRAM PRIORITY AND REQUIREMENTS.-Sec-\n6 tion 10302 of such Act of 1965 (20 U.S.C. 8062) is\n7 amended by adding at the end the following:\n8\n\"(e) PRIORITY AND REQUIREMENTS.-\n9\n\"(1) PRIORITY.-\n10\n\"(A) FISCAL YEARS 1998, 1999, AND 2000.-\n11\nIn awarding grants under this part for any of\n12\nthe fiscal years 1998, 1999, and 2000 from\n13\nfunds appropriated under section 10310 that\n14\nare in excess of $51,000,000 for the fiscal year,\n15\nthe Secretary shall give priority to State edu-\n16\ncational agencies serving States that meet the\n17\nrequirements of paragraph (2).\n18\n\"(B) SUCCEEDING FISCAL YEARS.-In\n19\nawarding grants under this part for fiscal year\n20\n2001 or any succeeding fiscal year from any\n21\nfunds appropriated under section 10310, the\n22\nSecretary shall give priority to State edu-\n23\ncational agencies serving States that meet the\n24\nrequirements of paragraph (2).\n10/16/97 THU 19:29 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n005\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n4\n1\n\"(2) REQUIREMENTS.-The requirements re-\n2\nferred to in paragraph (1) are as follows:\n3\n\"(A) The State has demonstrated signifi-\n4\ncant progress in increasing the number of char-\n5\nter schools for the year for which the deter-\n6\nmination is made compared to the previous\n7\nyear.\n8\n\"(B) The State law regarding charter\n9\nschools provides for at least 2 authorized public\n10\nchartering agencies, or in the case of a State\n11\nwith a single authorized public chartering agen-\n12\ncy, allows for an appeals process for the denial\n13\nof an application for a charter school.\n14\n\"(C) The State law regarding charter\n15\nschools provides for the waiver of most State\n16\neducation laws and regulations, except those\n17\nlaws and regulations related to health, safety,\n18\nand civil rights.\n19\n\"(D) The State law regarding charter\n20\nschools provides for periodic review and evalua-\n21\ntion by the authorized public chartering agency\n22\nof each charter school to determine whether the\n23\ncharter school is meeting or exceeding the aca-\n24\ndemic performance requirements and goals for\n10/16/97 THU 19:29 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n006\n0:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n5\n1\ncharter schools as set forth under State law 01'\n2\nthe school's charter.\n3\n\"(f) AMOUNT CRITERIA.-In determining the amount\n4 of a grant to be awarded under this part in a State, the\n5 Secretary shall take into consideration the number of\n6 charter schools created under this part in the State.\"\n7\n(c) APPLICATIONS.-Section 10303(b) of such Act\n8 (20 U.S.C. 8063(b)) is amended-\n9\n(1) by redesignating paragraph (2) as para-\n10\ngraph (3); and\n11\n(2) by inserting after paragraph (1) the follow-\n12\ning:\n13\n\"(2) describe how the State educational agen-\n14\ncy-\n15\n\"(A) will inform each charter school in the\n16\nState of available Federal programs and funds\n17\nthat the charter school is eligible to receive; and\n18\n\"(B) will ensure that each charter school\n19\nin the State receives the charter school's com-\n20\nmensurate share of Federal education funds\n21\nthat are allocated by formula; and\".\n22\n(d) NATIONAL ACTIVITIES-Section 10305 of such\n23 Act (20 U.S.C. 8065) is amended to read as follows:\n10/16/97 THU 19:29 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n007\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n6\n1 \"SEC. 10305. NATIONAL ACTIVITIES.\n2\n\"The Secretary shall reserve for each fiscal year the\n3 lesser of 5 percent of the amount appropriated to carry\n4 out this part for the fiscal year or $5,000,000, to carry\n5 out the following activities:\n6\n\"(1) To provide charter schools, either directly\n7\nor through the State educational agency, with-\n8\n\"(A) information regarding available edu-\n9\ncation funds that the charter schools are eligi-\n10\nble to receive; and\n11\n\"(B) assistance in applying for Federal\n12\neducation funds that are allocated by formula,\n13\nincluding assistance with filing deadlines and\n14\nsubmission of applications.\n15\n\"(2) To provide for the completion of the 4-year\n16\nnational study (which began in 1995) of charter\n17\nschools and any related evaluations or studies.\n18\n\"(3) To provide-\n19\n\"(A) information to applicants for assist-\n20\nance under this part;\n21\n\"(B) assistance to applicants for assistance\n22\nunder this part with the preparation of applica-\n23\ntions under section 10303;\n24\n\"(C) assistance in the planning and start-\n25\nup of charter schools;\n10/16/97 THU 19:30 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n008\nDISCUSSION DRAFT\nS.L.C.\nO:\\SIG\\SIG97.789\n7\n1\n\"(D) ongoing training and technical assist-\n2\nance to existing charter schools; and\n3\n\"(E) for the dissemination of best prac-\n4\ntices in charter schools to other public\n5\nschools.\".\n6\n(e) COMMENSURATE TREATMENT; RECORDS TRANS-\n7 FER; PAPERWORK REDUCTION.-Part C of title X of such\n8 Act (20 U.S.C. 8061 et seq.) is amended-\n9\n(1) by redesignating sections 10306 and 10307\n10\nas sections 10309 and 10310, respectively; and\n11\n(2) by inserting after section 10305 the follow-\n12\ning:\n13 \"SEC. 10306. PART A, TITLE I ALLOCATION DURING FIRST\n14\nYEAR AND FOR SUCCESSIVE ENROLLMENT\n15\nEXPANSIONS.\n16\n\"For purposes of the allocation to schools by the\n17 States or their agencies of funds under part A of title I,\n18 or of any other Federal educational assistance funds, the\n19 Secretary shall take such measures not later than 6\n20 months after the date of the enactment of the Charter\n21 School Expansion Act of 1997 as are necessary to ensure\n22 that every charter school receives the charter school's full\n23 share of funding in the calendar year in which the charter\n24 school first opens, notwithstanding the fact that the iden-\n25 tity and characteristics of the students enrolling in that\n10/16/97 THU 19:30 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n009\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n8\n1 school are not fully and completely determined until that\n2 school actually opens. These measures shall similarly en-\n3 sure that every charter school expanding the charter\n4 school's eurollment in any subsequent year of operation\n5 receives the charter school's full share of funding during\n6 the calendar year of such expansion.\n7 \"SEC. 10307. RECORDS TRANSFER.\n8\n\"State educational agencies and local educational\n9 agencies, to the extent practicable, shall ensure that a stu-\n10 dent's records, and if applicable a student's individualized\n11 education program as defined in section 602(11) of the\n12 Individuals with Disabilities Education Act (20 U.S.C.\n13 1401(11)), are transferred to a charter school upon the\n14 transfer of the student to the charter school, in accordance\n15 with applicable State law.\n16 \"SEC. 10308. PAPERWORK REDUCTION.\n17\n\"To the extent practicable, the Secretary and each\n18 authorized public chartering agency shall ensure that im-\n19 plementation of this part results in a minimum of paper-\n20 work for any eligible applicant or charter school.\"\n21\n(f) PART C DEFINITIONS.-Section 10309(1) of such\n22 Act (as redesignated by subsection (e)(1)) (20 U.S.C.\n23 8066(1)) is amended—\n24\n(1) in subparagraph (A), by inserting \"that reg-\n25\nulates schools with a charter\" after \"statute\";\n10/16/97 THU 19:30 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n010\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n9\n1\n(2) in subparagraph (H), by inserting \"is a\n2\nschool to which parents choose to send their chil-\n3\ndren, and that\" before \"admits\";\n4\n(3) in subparagraph (J), by striking \"and\"\n5\nafter the semicolon;\n6\n(4) in subparagraph (K), by striking the period\n7\nand inserting \"; and\"; and\n8\n(5) by adding at the end the following:\n9\n\"(L) has a written performance contract\n10\nwith the authorized public chartering agency in\n11\nthe State.\".\n12\n(g) AUTHORIZATION OF APPROPRIATIONS.-Section\n13 10310 of such Act (as redesignated by subsection (e)(1))\n14 (20 U.S.C. 8067) is amended by striking \"$15,000,000\n15 for fiscal year 1995\" and inserting \"$100,000,000 for fis-\n16 cal year 1998\".\n17\n(h) TITLE XIV DEFINITIONS-Section 14101 of\n18 such Act (20 U.S.C. 8801) is amended—\n19\n(1) in paragraph (14), by inserting \", including\n20\na public elementary charter school,\" after \"residen-\n21\ntial school\"; and\n22\n(2) in paragraph (25), by inserting \", including\n23\na public secondary charter school,\" after \"residential\n24\nschool\".\n10/16/97 THU 19:30 FAX 202 401 1438\nDEPT OF EDUCATION/OLCA1\n4\n011\nO:\\SIG\\SIG97.789\nDISCUSSION DRAFT\nS.L.C.\n10\n1\n(i) CONFORMING AMENDMENT.-The matter preced-\n2 ing paragraph (1) of section 10304(c) of such Act (20\n3 U.S.C. 8064(e)) is amended by striking \"10306(1)\" and\n4 inserting \"10309(1)\"."
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