HR7086-119

What This Bill Does

The Equitable Access to School Facilities Act amends the Elementary and Secondary Education Act to make federal charter-school funds more useful for facilities. Section 2 rewrites the state facilities aid program. The Department of Education would award competitive grants to state entities with the highest-quality applications for periods of up to five years. Applications must explain proposed activities, how charter schools will receive facilities aid, the amount and types of aid, how charter schools were involved in designing the program, partnerships, and how funds will reimburse charter schools for acquiring, constructing, renovating, leasing, financing, or equipping facilities.

The bill adds a no-federal-interest rule: funds under the charter-school part do not create a federal interest requiring property recording under 2 C.F.R. 200.316 or reporting under 2 C.F.R. 200.330. It also extends annual reporting for credit enhancement grantees to each of the 10 years after the entity received a grant, including grants made before enactment.

Section 5 expands allowable uses under grants to support high-quality charter schools. State entities may help charter schools locate and access facilities, provide one-time assistance for state and local building-code compliance, and reserve up to 10 percent for revolving loan funds. The bill reduces a 90 percent threshold to 80 percent and supports loans to eligible charter applicants for opening, preparing, or expanding charter schools.

Who Benefits and How

Charter schools seeking facilities benefit from grant-backed reimbursement for acquisition, construction, renovation, leasing, debt service, technology, and related facilities costs. Planned charter schools benefit from location assistance and one-time building-code compliance support before opening. State charter facilities grant administrators benefit from a clearer federal program and loan-fund authority. Charter school students benefit if facility financing makes it easier to open or expand schools. Charter facility lenders and credit enhancement grantees benefit from more federal support for financing structures.

Who Bears the Burden and How

Department of Education charter staff must run a competitive grant process, judge application quality, monitor state-entity aid decisions, and oversee credit-enhancement reporting for 10 years. State charter facilities grant administrators must design aid formulas, involve charter schools, document partnerships, and manage reimbursements or revolving loan funds. Federal taxpayers bear the cost of facilities grants and reduced federal property-control rights. Credit enhancement grantees must continue annual reporting for up to 10 years. Local school facility officials may face more pressure from charter schools seeking access to buildings and code-compliant facilities.

Key Provisions

• Establishes competitive grants to state entities for charter-school facilities aid.
• Authorizes grant periods of up to five years.
• Requires applications to detail charter-school involvement, aid formulas, partnerships, and eligible facilities uses.
• Provides reimbursement support for acquisition, construction, renovation, leasing, debt service, technology, and related facilities costs.
• Provides that federal charter-school funds do not create a federal property interest for specified recording or reporting rules.
• Extends credit-enhancement grantee annual reporting for 10 years.
• Expands grants to support facility location assistance and building-code compliance.
• Allows a reserve of up to 10 percent for revolving loan funds supporting charter-school opening, preparation, or expansion.