20 U.S.C. § 7221i | Definitions

In this part:

(1)

Authorized public chartering agency

The term “authorized public chartering agency” means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school.

(2)

Charter school

The term “charter school” means a public school that—

(A)

in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph;

(B)

is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction;

(C)

operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the authorized public chartering agency;

(D)

provides a program of elementary or secondary education, or both;

(E)

is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution;

(F)

does not charge tuition;

(G)

42 U.S.C. 6101 42 U.S.C. 2000d 20 U.S.C. 1681 29 U.S.C. 794 42 U.S.C. 12101 section 1232g of this title 20 U.S.C. 1411 complies with the Age Discrimination Act of 1975 [ et seq.], title VI of the Civil Rights Act of 1964 [ et seq.], title IX of the Education Amendments of 1972 [ et seq.], section 504 of the Rehabilitation Act of 1973 [], the Americans with Disabilities Act of 1990 ( et seq.), (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”), and part B of the Individuals with Disabilities Education Act [ et seq.];

(H)

is a school to which parents choose to send their children, and that—

(i)

section 7221b(c)(3)(A) of this title admits students on the basis of a lottery, consistent with , if more students apply for admission than can be accommodated; or

(ii)

in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i);

(I)

agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State;

(J)

meets all applicable Federal, State, and local health and safety requirements;

(K)

operates in accordance with State law;

(L)

has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and

(M)

may serve students in early childhood education programs or postsecondary students.

(3)

Charter management organization

The term “charter management organization” means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight.

(4)

Charter school support organization

The term “charter school support organization” means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis—

(A)

assistance to developers during the planning, program design, and initial implementation of a charter school; and

(B)

technical assistance to operating charter schools.

(5)

Developer

The term “developer” means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out.

(6)

Eligible applicant

The term “eligible applicant” means a developer that has—

(A)

applied to an authorized public chartering authority to operate a charter school; and

(B)

provided adequate and timely notice to that authority.

(7)

Expand

The term “expand”, when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school.

(8)

High-quality charter school

The term “high-quality charter school” means a charter school that—

(A)

shows evidence of strong academic results, which may include strong student academic growth, as determined by a State;

(B)

has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance;

(C)

has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and

(D)

section 6311(c)(2) of this title has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in , except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.

(9)

Replicate

The term “replicate”, when used with respect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high-quality charter school, under an existing charter or an additional charter, if permitted or required by State law.

Pub. L. 89–10, title IV, § 4310 Pub. L. 107–110, title V, § 501Jan. 8, 2002115 Stat. 1798 Pub. L. 114–95, title IVDec. 10, 2015129 Stat. 1967(, formerly title V, § 5210, as added , , ; renumbered title IV, § 4310, and amended , §§ 4001(b)(2)(A), (B), (D)(iii), 4301(4), , , 2012.)

Editorial Notes

References in Text

Pub. L. 94–135Nov. 28, 197589 Stat. 728 section 6101 of Title 42The Age Discrimination Act of 1975, referred to in par. (2)(G), is title III of , , , which is classified generally to chapter 76 (§ 6101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 88–352July 2, 196478 Stat. 241 section 2000a of Title 42The Civil Rights Act of 1964, referred to in par. (2)(G), is , , . Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 92–318June 23, 197286 Stat. 235 section 1681 of this titleThe Education Amendments of 1972, referred to in par. (2)(G), is , , . Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of this title. For complete classification of title IX to the Code, see Short Title note set out under and Tables.

Pub. L. 101–336July 26, 1990104 Stat. 327 section 12101 of Title 42The Americans with Disabilities Act of 1990, referred to in par. (2)(G), is , , , which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–230Apr. 13, 197084 Stat. 175 section 1400 of this titleThe Individuals with Disabilities Education Act, referred to in par. (2)(G), is title VI of , , . Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 114–95, § 4301(4)(A)2015—, substituted “part” for “subpart” in introductory provisions.

Pub. L. 114–95, § 4301(4)(C)Par. (1). , redesignated par. (4) as (1). Former par. (1) redesignated (2).

Pub. L. 114–95, § 4301(4)(B)Par. (2). , redesignated par. (1) as (2). Former par. (2) redesignated (5).

Pub. L. 114–95, § 4301(4)(D)(i)42 U.S.C. 12101 section 1232g of this titlePar. (2)(G). , substituted “, the Americans with Disabilities Act of 1990 ( et seq.), (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’), and part B” for “, and part B”.

Pub. L. 114–95, § 4301(4)(D)(ii)Par. (2)(H). , added subpar. (H) and struck out former subpar. (H) which read as follows: “is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated;”.

Pub. L. 114–95, § 4301(4)(D)(iii)Par. (2)(I). , added subpar. (I) and struck out former subpar. (I) which read as follows: “agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such requirements are specifically waived for the purpose of this program;”.

Pub. L. 114–95, § 4301(4)(D)(iv)Par. (2)(M). –(vi), added subpar. (M).

Pub. L. 114–95, § 4301(4)(E)Pars. (3), (4). , added pars. (3) and (4). Former pars. (3) and (4) redesignated (6) and (1), respectively.

Pub. L. 114–95, § 4301(4)(B)Par. (5). , redesignated par. (2) as (5).

Pub. L. 114–95, § 4301(4)(B)Par. (6). , redesignated par. (3) as (6).

Pub. L. 114–95, § 4301(4)(F)section 7221b(d)(3) of this titlePar. (6)(B). , struck out “under ” before period at end.

Pub. L. 114–95, § 4301(4)(G)Pars. (7) to (9). , added pars. (7) to (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .