SECTION 4 - SCHOOL CHOICE AND INNOVATIVE PROGRAMS

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ESEA 2001 revamps and expands the 21st Century Community Learning Centers program, which was created in the 1994 ESEA reauthorization. It provides funds for before- and after-school programs, summer school, tutoring and academic-enrichment programs for students, particularly those who attend low-performing schools.

Under the prior law, only public schools were eligible for funds. ESEA 2001 expands eligibility to school districts, community organizations, and other public or private entities.

ESEA 2001 also provides funds to help states and districts support charter schools, magnet schools and public school choice.

 

 

 

 

 

 

 

Innovative Programs
Title V, Part A, Sec. 5101

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

FY02 - $385 million

Compliance

Unspecified

Requirements or Provisions

Grants will be provided to states for the support of a variety of programs, including charter schools, yearly student assessments and certain school safety programs. States will provide grants to school districts, which may use funds for such activities as charter schools, public school choice and magnet schools.

Allocation of Funds

Funds are to be allocated to states based on the population of children ages 5-17.At least 85% of the funds sent to a state must be distributed to school districts, based on relative enrollments in public and private schools, for implementing innovative assistance programs.

Status of the States

No information available.

Policy Questions for State Leaders To Consider

  • If your state chooses to participate in the innovative programs grant program, how will it use its funds to improve teaching and learning?
  • What innovative activities will help your state meet its adequate yearly progress targets and reduce the achievement gap among students of different races, ethnicities and income levels?

 

 

Charter School Programs
Title V, Part B, Subpart 1, Sec. 5201

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

FY02 - $200 million

Compliance

Unspecified

Related Links

ECS Issue Site on Charter Schools

Collection of ECS StateNotes About Charter Schools,
www.ecs.org/clearinghouse
/24/11/2411.htm

Requirements or Provisions

This section of the law provides grants to support the planning, design and initial implementation of charter schools. Only states with charter school laws are eligible for the grants. Priority will be given to states that meet certain criteria (e.g., the state provides for one authorized public chartering agency that is not a district).

State departments of education that receive grants from the secretary must use them for subgrants to one or more charter schools to enable them to plan and implement a charter school.

The law also authorizes a per-pupil facilities aid program of competitive five-year grants to states with already established per-pupil aid programs to assist charter schools with their facilities costs. These state programs must be specified in state law and provide annual funding on a per-pupil basis for charter school facilities. The federal government did not, however, appropriate money for the charter school facilities program for FY02.

Allocation of Funds

For the federal charter schools program (excluding the per-pupil facilities aid program), funds are to be allocated to state education departments and to charter schools on a competitive basis. If a state education department chooses not to apply, charter schools in the state may apply directly to the U.S. education secretary.

For the per-pupil facilities aid program, funds are to be allocated from the federal government to state departments of education on a competitive basis. State education departments are to allocate funds to charter schools on a per-pupil basis.

Status of the States

Currently, 37 states, the District of Columbia and Puerto Rico have enacted charter school laws. Of those, three states and the District of Columbia have created per-pupil facilities aid programs:

  • Colorado provides $322 per pupil to charter schools for facilities expenses.
  • The District of Columbia provides $1,058 per pupil to charter schools for facilities costs.
  • Florida provides an annual per-pupil payment to charter schools for facilities costs in the amount of $835, $957 and $1,267 for elementary, middle and high schools, respectively.
  • Minnesota provides lease aid to charter schools in the amount of 90% of lease costs or $1,500 per pupil.

(Source: Collection of ECS StateNotes About Charter Schools
www.ecs.org/clearinghouse/24/11/2411.htm)

Policy Questions for State Leaders To Consider

  • If your state has enacted a charter school law, will it participate in the federal charter schools program?
  • How will your state need to amend its charter school laws to meet the priority criteria established in the law (for example, that the state provide for one authorized public chartering agency that is not a district)?
  • If your state has not enacted a charter school law, will it do so to become eligible for the program? If so, what barriers might exist to enacting a charter school law and how will your state address them?
  • How will your state use grant money to support the creation and maintenance of successful charter schools?

 

 

Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction and Renovation
Title V, Part B, Subpart 2, Sec. 5221

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

No FY02 funding appropriated

Compliance

Unspecified

Related Links

ECS Issue Site on Charter Schools

Requirements or Provisions

This provision authorizes grants for innovative credit enhancement initiatives to help charter schools with the cost of acquiring, constructing and renovating facilities. Entities that are eligible to apply for grants are private, nonprofit organizations, governmental entities and consortia of these two types of entities.

Allocation of Funds

The federal government did not appropriate funds for this program in FY02.

Status of the States

Currently, 37 states, the District of Columbia and Puerto Rico have enacted charter school laws.

(Source: Collection of ECS StateNotes About Charter Schools
www.ecs.org/clearinghouse/24/11/2411.htm)

Policy Questions for State Leaders To Consider

If the federal government allocates funds for this program in the future, states will need to consider the following questions:

  • Has your state enacted legislation that would make it eligible for this program? If not, will your state do so?
  • If your state chooses to participate in the program, will any of the federal provisions conflict with policies your state has in place for funding charter school facilities? If so, how?
  • If your state chooses to participate in the program, how will it use grant dollars to ensure that charter schools have safe and adequate facilities?

 

 

Voluntary Public School Choice
Title V, Part B, Subpart 3, Sec. 5241

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

FY02 - $25 million

Compliance

Unspecified

Related Links

ECS Issue Site on Choice

ECS Issue Site on Open Enrollment

ECS StateNotes: Open Enrollment, August 2001
www.ecs.org/clearinghouse/28/73/2873.htm

Requirements or Provisions

This provision of the law authorizes competitive grants of up to five years to eligible entities to establish or expand programs that provide students and parents with greater public school choice. Eligible entities are state departments of education, school districts or partnerships between the state department or a district and public, for-profit or nonprofit entities. Priority will be given to projects that provide the widest variety of school choice programs, including those that allow students in low-performing schools to attend higher-performing schools.

It authorizes grantees to use program funds to:

  • Plan the public school choice program (up to one year)
  • Make tuition transfer payments to the schools that students choose to attend
  • Increase the capacity of high-demand schools to serve greater numbers of students (program funds cannot be used for school construction, however)
  • Carry out public information campaigns to inform parents and students about school choice opportunities
  • Pay other costs reasonably necessary to implement a public school choice program.

Grantees will be required to use program funds to provide participating students with transportation, or pay transportation costs, to their school of choice. Students must be selected by lottery if more apply than can be accommodated.

Allocation of Funds

Competitive grants to state departments of education and school districts. Grantees may use up to 5% of the funds for administrative expenses. The U.S. Department of Education may use up to 5% of the funds for evaluation, information dissemination and technical assistance.

Status of the States

Thirty-three states and Puerto Rico have enacted open-enrollment policies.

  • Nine states provide for intradistrict open enrollment, that is, they allow a student to transfer to another school within his or her school district. In six of the states, such policies are mandatory, and in the other three states, they are voluntary.
  • Twenty-six states provide for interdistrict open enrollment, allowing a student to transfer to another school within another school district. In 10 states, the policies are mandatory, and in the other 16, they are voluntary.
  • Nine states allow both intradistrict and interdistrict open-enrollment programs. In two states, they are mandatory, and in the other seven, they are voluntary.
  • There is some overlap among these states, as 11 states have enacted multiple policies to govern intradistrict and interdistrict open enrollment.
  • Four states also have enacted open-enrollment policies geared to address racial imbalances in schools and school districts (Connecticut, Massachusetts, Missouri and Wisconsin).

(Source: ECS StateNotes: Open Enrollment, August 2001,
www.ecs.org/clearinghouse/28/73/2873.htm)

Policy Questions for State Leaders To Consider

  • Will your state partner with a public, for-profit or nonprofit entity to apply for the grants? If so, with which partner(s), and how will the partnership be designed?
  • Will your state enact or need to amend laws on public school choice to be eligible for the program? If so, how?
  • How will your state provide transportation to students participating in the program?
  • How will your state determine whether schools are at full enrollment capacity?

 

 

Magnet Schools Assistance
Title V, Part C, Sec. 5301

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level
FY02 - $110 million

Compliance

Unspecified

Requirements or Provisions

Competitive grants will be available to school districts or consortia of districts for up to three years to establish and operate magnet schools in districts under a court-ordered or federally approved voluntary desegregation plan to eliminate, reduce or prevent minority-group isolation in elementary and secondary schools.

In the first year of the grant, no more than 50% of the grant funds may be used for planning. In the second and third years of the grant, no more than 15% of the funds may be used for planning.

The secretary of education may reserve up to 2% of the grant funds to evaluate the program.

 

 

Foundations for Learning Grants Promotion of School Readiness Through Early Childhood Emotional and Social Development
Title V, Part D, Subpart 14, Sec. 5542

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Mandated

Participation is voluntary.

Timeline

No specific timeline indicated

Funding Level

No allocations

Compliance

Unspecified

Requirements or Provisions

This subsection seeks to improve the school readiness of young children, with a focus on their social and emotional well-being. Grants will be available to school districts, local councils, community-based organizations, or other public or nonprofit organizations. Services provided under these grants include help with substance abuse, domestic violence and child welfare issues. To be eligible for services, children must be under 7 years old and have two or more specified risk factors.