S. 4328

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4328 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4328

To amend the Elementary and Secondary Education Act of 1965 in order to 
provide for greater flexibility in the Federal programs supporting the 
planning and implementation of charter schools.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 16 (legislative day, April 14), 2026

Mrs. Moody (for herself, Mr. Budd, and Mr. Tuberville) introduced the 
following bill; which was read twice and referred to the Committee on 
Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To amend the Elementary and Secondary Education Act of 1965 in order to 
provide for greater flexibility in the Federal programs supporting the 
planning and implementation of 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 ``Fostering Learning and Excellence in 
Charter Schools Act'' or the ``FLEX Act''.

SEC. 2. FUNDING ALLOTMENT.

Section 4302 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221a) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' after ``the replication of 
high-quality charter schools,''; and
(B) by inserting ``, and the addition or expansion 
of programs at high-quality charter schools'' after 
``the expansion of high-quality charter schools'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``12.5 percent'' 
and inserting ``at least 15 percent'';
(B) in paragraph (2), by striking ``22.5 percent'' 
and inserting ``at least 25 percent''; and
(C) in paragraph (3), by striking ``use the 
remaining'' and all that follows through ``paragraphs 
(1) and (2)'' and inserting ``reserve at least 30 
percent''; and
(3) by adding at the end the following:
``(d) Remaining Amounts.--In the case of a remaining amount after 
the Secretary makes reservations of the amount made available under 
section 4311 for a fiscal year in accordance with paragraphs (1), (2), 
and (3) of subsection (b), the Secretary--
``(1) shall use all of such remaining amount to support 
charter school facilities assistance under section 4304, carry 
out national activities under section 4305, and carry out 
section 4303, as described in such paragraphs; and
``(2) may determine how to allocate such remaining amount 
to support or carry out, as applicable, the programs and 
activities described in each such section.''.

SEC. 3. 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)--
(i) in subparagraph (B), by striking ``or'' 
at the end;
(ii) in subparagraph (C), by striking 
``and'' at the end and inserting ``or''; and
(iii) by inserting after subparagraph (C) 
the following:
``(D) support the addition or expansion of 
curricular or other offerings at a high-quality charter 
school (provided that such addition or expansion is 
designed and implemented in a manner that will enable 
additional students to enroll in and benefit from the 
school), such as through the adoption of--
``(i) new academic programs or delivery 
models;
``(ii) personalized learning; or
``(iii) a new curricular approach; and''; 
and
(B) in paragraph (2), by inserting ``, including 
costs to provide such assistance,'' after ``provide 
technical assistance'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding 
subparagraph (A), by inserting ``, over the course of 
the grant period described in subsection (d)(1)(A)'' 
after ``shall''; and
(B) in paragraph (3), by adding at the end the 
following:
``(C) Single-sex schools and services.--Nothing in 
this part shall be construed to prohibit schools from 
providing educational services to students of a single 
sex.'';
(3) in subsection (d)--
(A) in the heading of such subsection, by inserting 
``Advance Payments; '' after ``Peer Review; '';
(B) in paragraph (1)(B), by striking ``of which'' 
and all that follows through ``program design'' and 
inserting ``of which an eligible applicant may use not 
more than a period of time determined by the State 
entity (which may not exceed 2 years) for planning and 
program design'';
(C) in paragraph (2), by striking ``The Secretary, 
and each State entity awarding subgrants under this 
section, shall'' and inserting ``The Secretary shall, 
and each State entity awarding subgrants under this 
section may,''; and
(D) by amending paragraph (3) to read as follows:
``(3) Advance payments.--Notwithstanding any other 
provision of law, the Secretary shall take such steps as are 
necessary to ensure that--
``(A) an eligible applicant awarded a subgrant by a 
State entity under this section may request advance 
payments of subgrant funds for the purposes described 
in subsection (b)(1), and upon such request, such State 
entity shall provide advance payments of such funds 
awarded to the eligible applicant in accordance with 
section 200.305(b)(1) of title 2, Code of Federal 
Regulations (or successor regulations);
``(B) a State entity shall be provided with advance 
payments of grant funds in accordance with section 
200.305(b)(1) of title 2, Code of Federal Regulations 
(or successor regulations) in an amount sufficient to 
provide advance payments to an eligible applicant under 
subparagraph (A); and
``(C) mutually agreed upon funding techniques, such 
as those described in part 205.12 of title 31, Code of 
Federal Regulations (or successor regulations), are in 
place with States or State entities, as appropriate, to 
receive funds under this section in a manner that 
permits a State entity to receive advance payments of 
grant funds, and provide to eligible applicants advance 
payments of subgrant funds, in accordance with 
subparagraphs (A) and (B).'';
(4) in subsection (e)(1), by striking ``is currently 
using'' and inserting ``has not obligated all funds received 
pursuant to'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by amending clause (i) to read 
as follows:
``(i) support the opening, expansion, and 
strengthening of charter schools through the 
startup of new charter schools, the replication 
of high-quality charter schools, the expansion 
of high-quality charter schools, and the 
addition of programs in high-quality schools, 
which shall include an initial projection 
(which may not be used to determine a State 
entity's allocation of subgrant funds if the 
State entity determines that an alternative 
allocation would better meet the purposes of 
this program) of--
``(I) the number of charter schools 
to be opened through the startup of new 
charter schools under the program;
``(II) the number of charter 
schools to be opened as a result of the 
replication of a high-quality charter 
school under the program; or
``(III) the number of high-quality 
charter schools to be expanded under 
the program;'';
(II) in subclause (II) of clause 
(vi), by striking ``in a manner 
consistent with the eligible 
applicant's application for such 
subgrant'';
(III) in clause (xi), by inserting 
``in the case of a State entity 
described in subsection (a)(1) or 
(a)(3),'' before ``support''; and
(IV) in clause (xii)--
(aa) in subclause (I)--

(AA) by striking 
``(I)''; and

(BB) by striking 
``not described in 
subclause (II)'' and 
inserting ``described 
in paragraphs (1), (2), 
or (3) of subsection 
(a)''; and

(bb) by striking subclause 
(II);
(ii) in subparagraph (B)(iii), by striking 
``to develop or strengthen a cohesive 
strategy'';
(iii) in subparagraph (C)--
(I) in clause (i)(VI), by striking 
``and'' at the end;
(II) in clause (ii), by inserting 
``and'' at the end; and
(III) by adding at the end the 
following:
``(iii) a description of whether and how, 
in lieu of requiring an application in 
accordance with clause (i), the State entity 
will opt to use an eligible applicant's 
approved charter authorization application, 
provided that such charter authorization 
application was approved in accordance with 
relevant State law during the year preceding 
the date on which the State entity first 
accepts applications for such subgrants;'';
(iv) by striking subparagraph (E); and
(v) by redesignating subparagraphs (F) and 
(G) as subparagraphs (E) and (F), respectively; 
and
(B) in paragraph (2)--
(i) in subparagraph (F), by striking 
``and'' at the end;
(ii) in subparagraph (G)(v), by striking 
the period at the end and inserting ``; and''; 
and
(iii) by adding at the end the following:
``(H) the State entity will ensure that each 
charter school receiving funds under the State entity's 
program will address the transportation needs of their 
students.'';
(6) in subsection (g)(1)--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C) through (E) 
as subparagraphs (B) through (D), respectively; and
(C) in subparagraph (B), as so redesignated, by 
striking ``meet those objectives and'';
(7) in subsection (h)--
(A) by amending paragraph (1)(B) to read as 
follows:
``(B) hiring and compensating teachers, school 
leaders, or specialized instructional support 
personnel.'';
(B) in paragraph (2)--
(i) by inserting ``academic subscriptions 
(including digital and online subscriptions),'' 
after ``training,''; and
(ii) by inserting ``curricular support,'' 
after ``(including technology),'';
(C) by amending paragraph (3) to read as follows:
``(3) In order to ensure that a school building complies 
with applicable statutes and regulations, carrying out 
necessary renovations, upgrades, or facilities repairs, or 
acquiring portable classrooms.'';
(D) in paragraph (4), by striking ``one-time, 
startup'';
(E) in paragraph (6), by striking ``appropriate, 
non-sustained''; and
(F) by adding at the end the following:
``(7) Providing costs associated with operations and 
management of the charter school facility.''; and
(8) in subsection (i)--
(A) by striking ``of the third year''; and
(B) by striking ``(or at the end of the second year 
of the grant period if the grant is less than 5 years), 
and at the end of such grant period''.

SEC. 4. NATIONAL ACTIVITIES; GRANTS TO CHARTER MANAGEMENT 
ORGANIZATIONS.

Section 4305 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221d) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--From the amount reserved under section 
4302(b)(2), the Secretary shall--
``(1) use not more than 10 percent of such funds to--
``(A) provide support and technical assistance to--
``(i) State entities in awarding subgrants 
under section 4303(b)(1); and
``(ii) eligible entities and States 
receiving grants under section 4304;
``(B) disseminate best practices regarding charter 
schools;
``(C) increase access to facilities (including 
funding and financing for facilities) for charter 
schools;
``(D) increase the number of available seats in 
charter schools through early-stage charter school 
planning;
``(E) increase the number of available seats in 
charter schools that--
``(i) are located in States that have 
enacted legislation within a period of 5 years 
prior to the award of a grant under this 
section for such purpose;
``(ii) serve rural students; and
``(iii) serve students with disabilities; 
and
``(F) evaluate the impact of the charter school 
program carried out under this part, including with 
respect to student achievement;
``(2) use not more than 15 percent of such funds to award 
grants, on a competitive basis, to eligible applicants for the 
purpose of carrying out the activities described in section 
4303(h) in a State that did not receive a grant under section 
4303; and
``(3) after the uses described in paragraphs (1) and (2), 
use the remainder of such funds to award grants in accordance 
with subsection (b).''; and
(2) in subsection (b)--
(A) in paragraph (3)(B)--
(i) in clause (ii)--
(I) in subclause (I), by inserting 
``and'' at the end;
(II) in subclause (II), by striking 
``and'' and the end; and
(III) by striking subclause (III); 
and
(ii) in clause (iii), by striking ``, which 
shall include a multi-year financial and 
operating model for the eligible entity''; and
(B) in paragraph (5)--
(i) in subparagraph (C)(ii), by striking 
``or'' at the end;
(ii) in subparagraph (D), by striking the 
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(E) plan to operate or manage high-quality 
charter schools in--
``(i) States in which, as of the date on 
which the eligible entity submits an 
application under paragraph (3), the eligible 
entity does not operate or manage a charter 
school; or
``(ii) States with limited charter school 
options.''.

SEC. 5. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

Section 4307 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221f) is amended--
(1) by striking ``To the extent practicable, the 
Secretary'' and inserting ``The Secretary'';
(2) by inserting ``, prior to the issuance of a notice of 
proposed rulemaking,'' after ``are consulted''; and
(3) by striking ``this subpart'' and inserting ``this 
part''.

SEC. 6. PAPERWORK REDUCTION AND REGULATION.

Section 4309 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7221h) is amended--
(1) in the heading, by inserting ``and regulation'' at the 
end;
(2) by striking ``To the extent practicable, the'' and 
inserting the following:
``(a) Paperwork Reduction.--The'';
(3) by striking ``this subpart'' and inserting ``this 
part'';
(4) by striking ``or charter school'' and inserting ``, 
charter school, or State entity (as defined in section 4303)''; 
and
(5) by adding at the end the following:
``(b) Regulation.--In meeting the requirement under subsection (a), 
the Secretary shall promulgate only such regulations as are necessary 
for the administration of this part and shall not impose additional 
nonstatutory requirements on those entities subject to the 
regulations.''.

SEC. 7. DEFINITIONS.

Section 4310(2)(D) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221i(2)(D)) is amended by inserting ``(which may 
include other educational programs, pursuant to State law)'' after 
``education''.

SEC. 8. APPLICABILITY.

(a) In General.--This Act and the amendments made by this Act shall 
apply with respect to grants awarded under sections 4303 and 4305 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b; 
7221d) on or after the date of the enactment of this Act.
(b) Exception.--An entity that received a grant under a section 
described in subsection (a) prior to the date of the enactment of this 
Act for which the applicable grant period has not expired may elect to, 
for the remainder of such grant period, carry out such grant in 
accordance with this Act and the amendments made by this Act.
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