article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Redefinition Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of the United States to deliver more effective educational services to citizens, especially disadvantaged citizens, is of primary importance to the national and economic security of the United States; (2) fundamental reform is needed in our Nation's educational system in order to release the creative energies of teachers, students, parents, and communities; (3) market forces of competition and choice can have a positive influence in promoting fundamental reform; however, choice is incomplete without the availability of more educational choices for all students, including disadvantaged students and historically underserved students; (4) the exclusive franchise that local educational agencies have traditionally had on the creation of new public schools has served to limit the number and variety of school choices available to parents and students; and (5) public education should be defined by outcomes and requirements that protect and promote the public interest, not solely by the ownership or control of facilities and programs by a local educational agency or other public agency. SEC. 3. PURPOSE. It is the purpose of this Act to-- (1) encourage States to offer teachers, parents, and local communities the opportunity to establish new and more effective public schools; (2) provide Federal assistance and flexibility to encourage States to assist teachers, parents, and communities to develop such schools; and (3) provide criteria for States, teachers, parents, and communities to use in establishing new and more effective public schools. SEC. 4. DEFINITIONS. For the purpose of this Act-- (1) the term ``eligible partnership'' means a partnership between-- (A) a sponsor; and (B) a charter public school; (2) the term ``local educational agency'' has the meaning given such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``charter public school'' means a school that-- (A) is nonsectarian in its programs, admission policies, employment practices, and all other operations and is not affiliated with a nonpublic sectarian school or religious institution; (B) has a primary focus of providing a comprehensive program of instruction for at least one grade from kindergarten to twelfth grade or one age group from 5 to 18 years of age; (C) does not charge tuition; (D) complies with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and the procedural safeguards under the Individuals With Disabilities Education Act; (E) in the event that more students apply for admission than may be accommodated, admits students on the basis of a lottery; (F) is subject to the same Federal and State financial audits and audit procedures and requirements as any other school located in the State in which such school is located; (G) meets all State and local health and safety requirements; and (H) participates in an eligible partnership; (4) the term ``Secretary'' means the Secretary of Education; (5) the term ``sponsor'' means a-- (A) school board; (B) local educational agency; or (C) State educational agency; (6) the term ``State educational agency'' has the meaning given such term by section 1471(23) of the Elementary and Secondary Education Act of 1965. SEC. 5. PROGRAM AUTHORITY. (a) Program Authorized.-- (1) In general.--The Secretary is authorized to award grants to State educational agencies having applications approved pursuant to section 6 to enable such agencies to conduct a charter public school program in accordance with this Act. (2) Special rule.--If a State elects not to participate in the program assisted under this Act, the Secretary is authorized to award a grant to a charter public school that serves such State and has an application approved pursuant to section 6, as permitted by applicable State laws and regulations in the State in which the school shall operate. (b) Use of Grants.-- (1) State.--Each State educational agency receiving a grant under this Act shall use such grant funds to award grants to one or more charter public schools in the State to enable such schools to plan and implement a charter public school in accordance with this Act. (2) Charter public school.--Each charter public school receiving a grant from the Secretary pursuant to subsection (a)(2) shall use such grant funds to plan and implement a charter public school in accordance with this Act. (3) Administrative expenses.--Each State educational agency receiving a grant pursuant to subsection (a)(1) may reserve not more than 5 percent of such grant funds for administrative expenses associated with the program assisted under this Act. (c) Duration.--A charter public school shall receive a grant under this Act for a period of not more than 3 years. (d) Matching Requirement.--In order for a charter public school to receive a grant pursuant to subsection (a), such school shall provide matching funds in the amount of-- (1) 10 percent of the grant payment received in the first year such school receives a grant under this Act; and (2) 25 percent of the grant payment received in the second and third such years. (e) Geographic Dispersion.--The Secretary shall ensure that grants awarded pursuant to subsection (a) benefit students in urban and rural areas. (f) Construction, Renovation, and Repair.-- (1) Prohibition.--Grant funds awarded under this Act shall not be used for the construction or major renovation or repair of facilities. (2) Start-up costs.--Grant funds awarded under this Act may be used for planning, equipment purchases, and other start-up costs, including minor renovation of facilities necessary to meet applicable State and local health and safety requirements. SEC. 6. APPLICATION. (a) State Application.-- (1) In general.--Each State educational agency desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the objectives of the State educational agency's charter public school program and a description of how such objectives shall be fulfilled, including steps taken by the State educational agency to inform teachers, parents, and communities of the State educational agency's charter public school program and the availability of grants for the establishment of such schools; (B) contain assurances that the State educational agency shall obtain a waiver of all State and Federal statutes and regulations applicable to a school board, local educational agency or school district that are relevant to and hindering the establishment of a charter public school in such State; (C) provide a written description of outcomes and other requirements to be included in each eligible partnership agreement between a sponsor and a charter public school; (D) provide a description of how charter public schools within the State shall be required to meet the definition of a charter public school as described in section 4(3); (E) contain specific outcomes to be achieved by the students attending a charter public school in accordance with the outcomes agreement described in section 7; (F) provide an explanation of how progress in meeting the outcomes described in section 7 shall be measured; and (G) contain a description of how teachers, parents, and community members have been, or shall be, involved in the planning, development and implementation of each charter public school. (b) Eligible Partnership Application.-- (1) In general.--Each charter public school desiring a grant pursuant to section 5(a)(2) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall contain the same information and assurances as the information and assurances described in subparagraphs (B) through (G) of subsection (a)(2). SEC. 7. OUTCOMES AGREEMENT. (a) Agreement.--In order to receive a grant under this Act a charter public school shall enter into an outcomes agreement with the sponsor participating in the eligible partnership. (b) Contents.--Each agreement referred to in subsection (a) shall-- (1) be in the form of a written contract between the sponsor and the board of directors of the charter public school participating in the eligible partnership; (2) set forth outcomes that such school shall achieve; and (3) include information and assurances described in subparagraphs (B) through (G) of section 6(a)(2). SEC. 8. CONTINUATION OF FUNDING. Each charter public school receiving a grant under this Act shall be eligible to receive Federal, State, and local education revenue, grants and other aids as though such school were a local educational agency. SEC. 9. TERMINATION. The Secretary or a State educational agency receiving a grant under this part shall terminate grant payments under this Act if the Secretary or such State educational agency, at any time, determines that the charter public school is not making acceptable progress toward meeting the outcomes described in section 7. SEC. 10. REPORTS. (a) State Report.-- (1) Reports.--Each charter public school receiving a grant pursuant to section 5(a)(1) shall report at least annually to the State educational agency or other agency designated by the Governor on such school's progress in meeting the outcomes described in section 7. (2) Report to the secretary.--Each State educational agency receiving a report under subsection (a) shall annually report to the Secretary on the program assisted under this Act. (b) School Reports.--Each charter public school receiving a grant pursuant to section 5(a)(2) shall at least annually report to the Secretary the charter public school's progress in meeting the outcomes described in section 7. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and such sums as may be necessary for the 3 succeeding fiscal years to carry out the provisions of this Act.
summary: Public School Redefinition Act of 1993 - Establishes a demonstration program to provide Federal assistance to encourage States to assist teachers, parents, and local communities to establish and develop outcome-based public schools. Authorizes the Secretary of Education to award grants to State educational agencies (SEAs) to conduct such outcome-based public school programs (or, if a State elects not to participate, to award such a grant directly to an outcome-based public school). Limits such grants to three years and requires the school to provide matching funds. Prohibits grant funds from being used for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases and other start-up costs, including minor renovation of facilities to meet applicable health and safety requirements. Provides that each such outcome-based public school shall be eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Directs the Secretary or the SEA receiving such a grant to terminate grant payments to an outcome-based public school upon determination that it is not making acceptable progress. Authorizes appropriations.