119-s1723

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1723

 To support the creation and implementation of State policies, as well 
as the expansion of existing State policies, for improving the quality 
 and affordability of charter school facilities and to authorize the 
 provision of technical assistance that will support the growth and 
 expansion of high-quality charter schools.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 13, 2025

Mr. Cassidy (for himself and Mr. Bennet) introduced the following bill; 
 which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To support the creation and implementation of State policies, as well 
as the expansion of existing State policies, for improving the quality 
 and affordability of charter school facilities and to authorize the 
 provision of technical assistance that will support the growth and 
 expansion of high-quality charter schools.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Equitable Access to School 
Facilities Act''.

SEC. 2. PURPOSE.

 The purpose of this Act is to support the creation and 
implementation of State policies, as well as the expansion of existing 
State policies, to--

    (1) 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) authorize the provision of technical assistance that 
 will support the growth and expansion of high-quality charter 
 schools.

SEC. 3. FUNDING.

    (a) Allotment.--

Section 4302

    (b)

    (1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7221a

    (b)

    (1) ) is amended by inserting 
``not more than'' before ``12.5 percent''.

    (b) Facilities Financing Assistance.--

Section 4304

    (a)

    (1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221c

    (a)

    (1) ) 
is amended by striking ``use not less than 50 percent to''.

SEC. 4. STATE FACILITIES AID PROGRAM AUTHORIZED.

 

Section 4304 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221c) is amended by striking subsection

    (k) and inserting 
the following:
 ``

    (k) State Facilities Aid Program.--
 ``

    (1) State entity defined.--In this subsection, the term 
 `State entity' has the meaning given the term in 

section 4303

    (a) .
 ``

    (2) Grants to state entities.--
 ``
        (A) Grants authorized.--From the amounts 
 appropriated under paragraph

    (5) and not reserved under 
 paragraph

    (3) , the Secretary shall make competitive 
 grants to State entities to pay for the cost of 
 establishing or enhancing, and administering, charter 
 school facilities aid programs.
 ``
        (B) Application.--A State entity desiring to 
 receive a grant under this subsection shall submit an 
 application to the Secretary at such time, in such 
 manner, and containing such information as the 
 Secretary may require.
 ``
            (C) Selection considerations.--In making grants 
 under this subsection, the Secretary shall consider, 
 based on quantitative measures, the extent to which the 
 activities proposed to be carried out under a grant 
 will--
 ``
            (i) improve the equity of charter 
 schools' access to facilities funding and 
 financing within a State, by reducing gaps in 
 such funding and financing (for both 
 acquisitions and operating costs) between 
 charter schools and other public schools;
 ``
            (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.
 ``
            (D) Priorities.--In making grants under this 
 subsection, the Secretary shall give a competitive 
 preference priority to an applicant 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 other public schools;
 ``
            (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; or
 ``
            (v) ensures that charter schools have the 
 first right of refusal to purchase surplus 
 public property.
 ``
        (E) Uses of funds.--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 applicant's State:
 ``
            (i) Increasing funding for, creating, or 
 improving financing mechanisms to support 
 charter schools' acquisition, access to 
 leasing, and construction or 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 
 alternative ownership models, to plan, develop, 
 and manage facilities for charter schools and 
 other public service providers.
 ``
            (iv) 
            (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) .
 ``
        (F) Supplement, not supplant.--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.
 ``

    (3) National activities.--From the amounts appropriated 
 under paragraph

    (5) , the Secretary may reserve not more than 2 
 percent to carry out, directly or through grants or contracts, 
 technical assistance to grantees, evaluation of grant 
 activities, and research and dissemination related to the 
 purposes of this subsection.''.
 ``

    (4) No federal interest.--The financial assistance 
 provided through grants made under this subsection shall not 
 create a `Federal interest' as such term is defined in 

section 200.1 of title 2, Code of Federal Regulations (or successor 
 regulations).''.
 ``

    (5) Authorization of appropriations.--There are 
 authorized to be appropriated to carry out this subsection 
 $100,000,000 for each of fiscal years 2026 through 2030.''.

SEC. 5. CREDIT ENHANCEMENT FOR CHARTER SCHOOL FACILITIES PROGRAM.

 

Section 4304

    (h)

    (2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221c

    (h)

    (2) ) is amended by striking subparagraph
        (A) and inserting the following:
 ``
        (A) Grantee annual reports.--Each eligible entity 
 receiving a grant under subsection

    (a) before the date 
 of enactment of the Equitable Access to School 
 Facilities Act shall submit to the Secretary (for a 
 period of 10 years after the award of such grant) an 
 annual report of the entity's operations and activities 
 under this section (excluding subsection

    (k) ).''; and

SEC. 6. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

 

Section 4303 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221b) is amended--

    (1) in subsection

    (b) --
        (A) in paragraph

    (1)
            (C) , by striking ``and'' after 
 the semicolon;
        (B) by striking the period at the end of paragraph

    (2) and inserting ``; and''; and
            (C) by inserting after paragraph

    (2) the following:
 ``

    (3) provide assistance in locating and accessing a 
 facility or provide one-time assistance to any planned or 
 operating charter schools in the State in ensuring that a 
 facility complies with local building codes and is equipped to 
 support provision of a high-quality education.'';

    (2) in subsection
            (c) (1) --
        (A) in subparagraph
        (A) , striking ``90 percent'' 
 and inserting ``80 percent'';
        (B) by striking ``and'' after subparagraph
        (B) ;
            (C) by striking the period at the end of 
 subparagraph
            (C) and inserting ``; and''; and
            (D) by inserting after subparagraph
            (C) :
 ``
            (D) reserve not more than 10 percent of such 
 funds for the establishment of a revolving loan fund, 
 which may be used to make loans, under such terms as 
 may be established by the State entity, to--
 ``
            (i) eligible applicants that have 
 received a subgrant under this section, for the 
 initial operation (during the subgrantee's 
 project period) of the applicant's charter 
 school or schools; and
 ``
            (ii) eligible applicants for obtaining, 
 renovating, or rehabilitating facilities for 
 planned or operating charter schools in the 
 State.''; and

    (3) by striking paragraph

    (3) of subsection

    (h) and 
 inserting:
 ``

    (3) Carrying out repair, renovation, or construction 
 activity to ensure that a school building complies with 
 applicable statutes and regulations and is equipped to support 
 provision of a high-quality education.''.

SEC. 7. NATIONAL PROGRAMS.

 

Section 4305

    (a)

    (3) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221d

    (a)

    (3) ) is amended--

    (1) in subparagraph
        (A) , in the matter preceding clause
            (i) , by striking ``disseminate'' and inserting ``provide 
 support and'';

    (2) in subparagraph
        (B) , by inserting ``identify and'' 
 before ``disseminate'';

    (3) by redesignating subparagraph
            (C) as subparagraph
            (D) ; 
 and

    (4) by inserting the following after subparagraph
        (B) :
 ``
            (C) support activities related to--
 ``
            (i) charter schools' access to 
 facilities, and facilities funding and 
 financing;
 ``
            (ii) charter school authorizer quality 
 and oversight;
 ``
            (iii) supporting States that have enacted 
 legislation (within a period of 5 years prior 
 to the award of a grant under this section) for 
 such purpose to facilitate the authorization of 
 charter schools within such States; and
 ``
            (iv) identifying best practices that 
 support, or remove barriers to, early-stage 
 charter school planning, charter schools 
 serving rural students, charter schools serving 
 students with disabilities, and innovative 
 models.''.
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