FLEX Act
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The bill would expand the federal Charter Schools Program by letting grant money pay for adding or expanding programs at existing charter schools, hiring staff beyond the planning stage, facility repairs, and ongoing student transportation, not just startup costs.
It would also let charter operators request advance payments of grant funds and require the Department of Education to consult charter operators before proposing new charter-related regulations, broadening how a roughly billion-dollar federal grant program can be used.
What this bill would do
What it would do
The bill would amend the Elementary and Secondary Education Act's Charter Schools Program to broaden allowable uses of federal grant and subgrant funds. It would let eligible applicants use funds to add or expand academic programs, delivery models, or curricular approaches at existing high-quality charter schools, not just to open or replicate schools. It would also let eligible applicants use funds to hire and compensate teachers and staff beyond the planning period, carry out facility renovations and repairs or acquire portable classrooms, and cover ongoing (not just one-time) student transportation costs. It would let applicants request advance payments of subgrant funds and adjust the statutory reserve percentages the Secretary sets aside for state grants, facilities assistance, and national activities. It would also require the Department of Education to use national-activities funds to increase available charter school seats for rural students and students with disabilities, and to consult charter school operators before issuing any notice of proposed rulemaking affecting charter schools. It applies to grants awarded after enactment, with an option for current grantees to opt into the new rules for their remaining grant period.
Key provisions
- 1Would allow subgrants to be used for adding or expanding academic programs, delivery models, or curricular approaches at existing high-quality charter schools
- 2Would permit charter schools to use funds to hire and compensate teachers and staff beyond the planning period, for facility renovations, and for ongoing student transportation
- 3Would let eligible applicants and state entities request and receive advance payments of subgrant and grant funds
- 4Would adjust the statutory reserve percentages the Secretary sets aside among state grants, facilities assistance, and national activities
- 5Would direct the Department to use national-activities funds to increase available seats in charter schools serving rural students and students with disabilities
- 6Would require the Secretary to consult charter school operators before issuing any notice of proposed rulemaking affecting charter schools
- 7Would limit the Secretary to regulations necessary for administering the charter school program, barring additional nonstatutory requirements
Who would be affected
Charter school developers and operators applying for or holding federal subgrants, state educational agencies and state charter school boards that administer the grants, charter management organizations seeking national-activities grants, and students and families at charter schools that could gain new programs, renovated facilities, or transportation services.
Why it matters
Charter operators would gain more flexibility to use federal money for ongoing operating costs like staff salaries, building repairs, and daily transportation, rather than only startup expenses, potentially easing cash-flow problems through advance payments. Rural students and students with disabilities are specifically targeted for expanded seats, and operators would get a formal voice before new federal charter regulations take effect.
What would change
Changes to existing law
Amends Elementary and Secondary Education Act of 1965, Section 4302 (20 U.S.C. 7221a) (Sec. 2)
Changes fund allotment percentages and adds a provision on how the Secretary allocates remaining reserved amounts.
Amends Elementary and Secondary Education Act of 1965, Section 4303 (20 U.S.C. 7221b) (Sec. 3)
Expands allowable subgrant uses to program additions, staffing, facility repairs, transportation, and adds an advance-payment mechanism.
Amends Elementary and Secondary Education Act of 1965, Section 4305 (20 U.S.C. 7221d) (Sec. 4)
Rewrites national-activities uses, prioritizing seats for rural students and students with disabilities and charter management organization grants.
Amends Elementary and Secondary Education Act of 1965, Section 4307 (20 U.S.C. 7221f) (Sec. 5)
Requires the Secretary to consult charter school operators before issuing any proposed rulemaking, removing 'to the extent practicable' language.
Amends Elementary and Secondary Education Act of 1965, Section 4309 (20 U.S.C. 7221h) (Sec. 6)
Adds a limit barring the Secretary from imposing additional nonstatutory regulatory requirements on covered entities.
Amends Elementary and Secondary Education Act of 1965, Section 4310 (20 U.S.C. 7221i) (Sec. 7)
Clarifies the definition to include other educational programs permitted under state law.
Agencies directed to act
Effective dates
- The Act's amendments apply to charter school grants awarded
Funding and costs
How implementation would work
The Department of Education would administer revised reserve percentages among state grants, facilities assistance, and national activities, and would process advance-payment requests from state entities and eligible applicants under federal cash-management regulations. State entities would approve subgrants for expanded uses like program additions, staffing, and facility repairs, and the Department would prioritize national-activities funding for rural and disability-serving schools. The Department must consult charter operators before proposing new rules, and current grantees may elect to operate under the new rules for their remaining grant period.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 566.
Official CRS summary
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This bill expands and revises the Charter Schools Program (CSP), including by expanding the allowable uses of CSP funds.
Current law authorizes competitive grants to state entities (e.g., state educational agencies and state charter school boards) and, through them, subgrants to eligible applicants (i.e., charter school developers) to enable them to open and prepare for the operation of a new charter school or replicate or expand an existing high-quality charter school.
The bill allows subgrants to also be used for adding or expanding programs or other offerings at these schools, such as through the adoption of new academic programs or delivery models, personalized learning, or a new curricular approach. New offerings must enable additional students to enroll in and benefit from the school.
Eligible applicants may also use CSP funds for activities such as
- hiring and compensating teachers and other school staff (currently, this may only occur during the planning period);
- carrying out necessary renovations, upgrades, or facility repairs, or acquiring portable classrooms; and
- providing transportation to students (currently, only one-time, start-up transportation costs are permitted).
Eligible applicants may request and receive advance payments of subgrants.
Among other requirements, the Department of Education must (1) use CSP funds for additional activities (e.g., increasing the number of available seats in charter schools that serve rural students and students with disabilities), and (2) consult with charter school operators prior to issuing a notice of proposed rulemaking relevant to charter schools.
Legislative subjects
Education; Education programs funding; Educational facilities and institutions; Elementary and secondary education; Teaching, teachers, curricula
Committee report
H. Rept. 119-651