HR7082-119

What This Bill Does

The FLEX Act amends the Charter Schools Program in the Elementary and Secondary Education Act. It changes funding reservations so the Secretary must reserve at least 15 percent for charter school facilities assistance, at least 25 percent for national activities, and at least 30 percent for the state-entity grant program, then use any remaining funds across those same activities at the Secretary's discretion.

The bill expands allowable state-entity grants to support adding or expanding curricular or other offerings at high-quality charter schools if the change lets additional students enroll and benefit. Examples include new academic programs, delivery models, personalized learning, or new curricular approaches. It allows technical-assistance costs, clarifies that single-sex schools or services are not barred by this part, and updates definitions so a high-quality charter school may include other educational programs permitted under state law.

For national activities, the Secretary may use up to 10 percent for support to state entities and eligible entities, best-practice dissemination, facilities access, early-stage planning, seats in states with recent charter legislation, rural students, students with disabilities, and program evaluation. The House-reported version also allows up to 15 percent for competitive grants in states that did not receive section 4303 grants, with the remainder for charter management organization grants. The Secretary must consult charter school operators before proposed rulemaking and may issue only regulations necessary to administer the part, without extra nonstatutory requirements. The changes apply to future grants, and active grantees may elect to use the new rules for the rest of their grant period.

Who Benefits and How

High-quality charter schools benefit because federal grants can support curricular expansions and new delivery models tied to more student enrollment. Charter school facilities applicants benefit from a larger facilities-assistance reservation. Charter management organizations benefit because national-activity funds continue to support grants for replication and expansion after set-asides. Rural students benefit from national activities aimed at creating seats in rural-serving charter schools. Students with disabilities benefit from national activities aimed at increasing seats in schools that serve them. Charter school operators benefit from mandatory consultation before rulemaking and limits on extra nonstatutory requirements.

Who Bears the Burden and How

Department of Education Charter Schools Program staff must recalculate set-asides, monitor expanded grant uses, consult operators before rules, and administer opt-ins by existing grantees. State entities receiving charter-school grants must adjust subgrant and technical-assistance rules. Eligible charter applicants must document how curricular expansions enable additional students to enroll and benefit. The Secretary of Education must limit regulations to what is necessary for administration and avoid imposing extra nonstatutory requirements. Charter accountability critics may bear a policy burden if the bill reduces regulatory leverage over grant recipients.

Key Provisions

• Requires at least 15 percent of Charter Schools Program funds for facilities assistance.
• Requires at least 25 percent for national activities and at least 30 percent for state-entity grants.
• Expands grants to cover curricular additions, personalized learning, new programs, and new delivery models at high-quality charter schools.
• Provides that single-sex schools and services are not prohibited by the charter-school part.
• Revises national activities for facilities access, rural seats, students with disabilities, early-stage planning, state gaps, and evaluation.
• Requires charter school operator consultation before proposed rulemaking.
• Limits regulations to those necessary to administer the part and bars extra nonstatutory requirements.
• Allows active grantees to elect the new rules for the remainder of their grant periods.