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SECTION 4 - SCHOOL
CHOICE AND INNOVATIVE PROGRAMS
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.
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Innovative
Programs
Title V, Part
A, Sec. 5101
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
FY02 - $385 million
Compliance
Unspecified
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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?
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Charter
School Programs
Title V, Part
B, Subpart 1, Sec. 5201
Top of this section
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
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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?
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Credit
Enhancement Initiatives To Assist Charter School Facility Acquisition,
Construction and Renovation
Title V,
Part B, Subpart 2, Sec. 5221
Top of this section
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
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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?
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Voluntary
Public School Choice
Title V, Part
B, Subpart 3, Sec. 5241
Top of this section
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
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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?
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Magnet Schools
Assistance
Title V, Part C, Sec. 5301
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
FY02 - $110 million
Compliance
Unspecified
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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.
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Foundations
for Learning Grants Promotion of School Readiness Through Early
Childhood Emotional and Social Development
Title
V, Part D, Subpart 14, Sec. 5542
Top of this section
Mandated
Participation is voluntary.
Timeline
No specific timeline indicated
Funding Level
No allocations
Compliance
Unspecified
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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.
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