H.R. 7086 — Equitable Access to School Facilities Act

This section revises the State facilities aid program by replacing existing grant authority for eligible entities (i.e., public entities, private nonprofits, or consortia) to demonstrate innovative financing methods for charter school facilities with new competitive grants to State entities (as defined in section 4303(a)) from amounts reserved under section 4302(b)(1) remaining after grants under subsection (a), for up to five years, to cover the federal share of specified facilities activities. Grant applications must describe proposed activities and charter school selection criteria; charter school involvement; potential partnerships; the State entity's expertise in evaluating charter school success; actions to ensure charter school facilities funding (for certain applicants); how activities will expand charter school access to facilities funding, public buildings, and facilities in low-income/rural areas; and whether the State qualifies for priority. The Secretary must give priority to State entities in states that (1) passed specified charter accountability measures, (2) provide charter schools tax-exempt financing access, (3) treat charter schools equivalently to other public schools under land use policies, or (4) prohibit deed restrictions limiting charter school property access. Grant recipients must use funds to (1) increase funding or create mechanisms for charter school facilities acquisition, leasing, or renovation (including local educational agency partnerships for public buildings); (2) support ongoing facilities costs; or (3) develop alternative facilities ownership models; and may deposit funds into a reserve account under subsection (f) (with separate rules for recipients of subsection (a) grants), reserve up to 5% for evaluations, technical assistance, and dissemination, and ensure funds supplement (not supplant) non-federal funds. (Thus, the revision shifts from broad demonstration grants enhancing private financing to targeted state-level aid expanding public facilities support for charter schools, which often lack facilities funding available to traditional public schools.)

This section establishes that no funds made available under part C of title IV of the ESEA (20 U.S.C. 7221 et seq.) (i.e., Native Hawaiian Education program, which provides competitive grants for educational programs serving Native Hawaiian children and adults) create a Federal interest (as defined in 2 CFR 200.1) for purposes of (1) the real property recording requirement under 2 CFR 200.316 or (2) the subrecipient reporting requirement under 2 CFR 200.330. (Thus, grant recipients are exempt from those Uniform Guidance requirements.)

This section amends the reporting requirements under the Credit Enhancement for Charter School Facilities Program to require each grantee to submit an annual report for each of the 10 years following the date on which the entity received the grant (previously, annual report without specified duration). The amendment applies to grants awarded before, on, or after enactment.

This section amends the program authorizing competitive grants to State entities (i.e., State educational agencies, State charter school boards, governors, or charter school support organizations) to support high-quality charter schools through subgrants for opening new or replicated charter schools or expanding existing ones, technical assistance, and related activities. Specifically, it (1) expands authorized grant activities to include assistance in locating and accessing facilities and one-time assistance to planned or operating charter schools for ensuring facility compliance with State and local building codes and regulations; (2) revises State entity uses of funds by decreasing the minimum for subgrants to 80 percent (from 90 percent) of grant funds, retaining the minimum seven percent for technical assistance and maximum three percent for administration, and authorizing up to 10 percent for a new revolving loan fund to support initial operations or facility acquisition, renovation, or rehabilitation for charter schools; and (3) modifies grant terms in subsection (h)(3) to cover repairs, renovations, and building out of charter school facilities for code compliance. The amendments apply only to grants awarded on or after the date of enactment.