Part B - Public Charter Schools. Program authorized.
(a) In general
The Secretary may award grants to State educational agencies having applications approved pursuant to section 7221b of this title to enable such agencies to conduct a charter school grant program in accordance with this subpart.
(b) Special rule
If a State educational agency elects not to participate in the program authorized by this subpart or does not have an application approved under section 7221b of this title, the Secretary may award a grant to an eligible applicant that serves such State and has an application approved pursuant to section 7221b(c) of this title.
(c) Program periods
(1) Grants to States Grants awarded to State educational agencies under this subpart shall be for a period of not more than 3 years.
(2) Grants to eligible applicants Grants awarded by the Secretary to eligible applicants or subgrants awarded by State educational agencies to eligible applicants under this subpart shall be for a period of not more than 3 years, of which the eligible applicant may use -
(A) not more than 18 months for planning and program design;
(B) not more than 2 years for the initial implementation of a charter school; and
(C) not more than 2 years to carry out dissemination activities described in section 7221c(f)(6)(B) of this title.
A charter school may not receive -
(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2) of this section; or
(2) more than one grant for activities under subparagraph (C) of subsection (c)(2) of this section.
(e) Priority treatment
(1) In general
In awarding grants under this subpart for fiscal year 2002 or any succeeding fiscal year from any funds appropriated under section 7221j of this title (other than funds reserved to carry out section 7221d(b) of this title), the Secretary shall give priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria described in subparagraph (A), (B), or (C) of paragraph (3).
(2) Review and evaluation priority criteria
The criteria referred to in paragraph (1) are that the State provides for periodic review and evaluation by the authorized public chartering agency of each charter school, at least once every 5 years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the school's charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools as set forth under State law or the school's charter.
(3) Priority criteria
The criteria referred to in paragraph (1) are the following:
(A) The State has demonstrated progress, in increasing the number of high-quality charter schools that are held accountable in the terms of the schools' charters for meeting clear and measurable objectives for the educational progress of the students attending the schools, in the period prior to the period for which a State educational agency or eligible applicant applies for a grant under this subpart.
(B) The State -
(i) provides for one authorized public chartering agency that is not a local educational agency, such as a State chartering board, for each individual or entity seeking to operate a charter school pursuant to such State law; or
(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the denial of an application for a charter school.
(C) The State ensures that each charter school has a high degree of autonomy over the charter school's budgets and expenditures.
(f) Amount criteria
In determining the amount of a grant to be awarded under this subpart to a State educational agency, the Secretary shall take into consideration the number of charter schools that are operating, or are approved to open, in the State.
(Pub. L. 89-10, title V, Sec. 5202, as added Pub. L. 107-110, title V, Sec. 501, Jan. 8, 2002, 115 Stat. 1788.)