Overview

Title

To amend the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act to ensure no funds made available under such Acts may be awarded to a charter school that enters into a contract with a for-profit entity for operating, overseeing, or managing the charter school, and for other purposes.

ELI5 AI

The bill is like a rule that says charter schools can't give money to for-profit companies to run them, but they can still hire companies for things like lunch, cleaning, and paychecks. This is to make sure schools focus on teaching kids, not making money.

Summary AI

The bill, known as the “Championing Honest And Responsible Transparency in Education Reform Act” or the “CHARTER Act,” aims to prevent charter schools from using federal funds if they have contracts with for-profit companies to manage, operate, or oversee the schools. It seeks to ensure that charter schools receiving funding under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act prioritize educational needs over profit. The bill details specific services that charter schools are allowed to contract out, such as food, payroll, and maintenance. These changes would take effect three years after the bill's enactment and would apply to any new, renewed, or extended contracts.

Published

2024-06-28
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-28
Package ID: BILLS-118hr8886ih

Bill Statistics

Size

Sections:
5
Words:
1,380
Pages:
7
Sentences:
26

Language

Nouns: 418
Verbs: 106
Adjectives: 53
Adverbs: 8
Numbers: 71
Entities: 83

Complexity

Average Token Length:
4.07
Average Sentence Length:
53.08
Token Entropy:
4.98
Readability (ARI):
27.71

AnalysisAI

General Summary of the Bill

The bill, introduced in the House of Representatives, aims to modify existing educational laws to ensure that charter schools receiving federal funds do not engage in business with for-profit entities for core management operations. Specifically, it seeks to amend the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act by prohibiting charter schools from entering contracts with for-profit companies for functions like school management. The bill also outlines permissible contracts for support services, such as food and transportation. The proposed changes are intended to prevent profit extraction from publicly funded resources and ensure funds primarily benefit students and taxpayers.

Summary of Significant Issues

Several important issues arise in connection with this bill. One significant concern is the potential limitation imposed on charter schools due to the prohibition against contracting with for-profit entities for core operations. This could particularly affect smaller or less resourceful schools that rely on such partnerships to function efficiently. Additionally, while the bill does allow for contracting with for-profit companies for what it terms "essential services," the ambiguity of this term could lead to disputes over what services are deemed essential.

Moreover, there is a lack of detailed enforcement mechanisms to ensure compliance with these new rules, leaving room for potential loopholes. Notably, the bill recognizes the ability of for-profit organizations to reorganize and form non-profit structures, which could continue to receive federal funding, potentially undermining the bill's core intentions. Also, the delayed effective date of three years could postpone needed reforms. Lastly, the bill may not address existing contracts under the new rules, leading to possible confusion and logistical challenges as schools strive to comply with the changes.

Potential Impact on the Public

Broadly speaking, the bill could impact public education funding by attempting to redirect resources more effectively towards educational purposes rather than administrative or management profits. For the general public, particularly taxpayers, this could foster a greater sense of confidence in how educational funds are used, assuming the legislation is successful in closing existing loopholes and preventing misuse of funds.

On the negative side, the potential restriction on how schools manage their resources might lead to operational challenges for charter schools. Schools that heavily rely on for-profit partnerships for their management operations may find themselves scrambling to adjust to these limitations or to find non-profit partners suitable for their needs.

Impact on Specific Stakeholders

Charter schools, particularly those that are financially constrained or nestled in underserved areas, could face significant operational hurdles if they are limited in their ability to contract with for-profit entities. These schools often rely on flexibility and innovative partnerships to deliver services effectively.

Non-profit educational organizations might benefit by seeing an increased demand for their management services from charter schools adapting to the new rules. This could open more opportunities for collaboration.

Conversely, for-profit educational management companies stand to lose clientele among publicly funded charter schools, potentially impacting their business models and financial stability.

Overall, while the bill's intent to protect and responsibly utilize educational funds is clear, its practical implications could introduce challenges that need careful consideration and potentially additional legislative fine-tuning to balance the varied interests involved.

Issues

  • The prohibition on contracting with for-profit entities for operating, overseeing, or managing charter schools (Sec. 2(a), Sec. 3(a)(N)) may lead to significant restrictions for charter schools that have limited resources and might rely on such partnerships. This could particularly impact smaller or resource-strapped schools, potentially limiting their ability to operate effectively.

  • The allowance of contracts with for-profit entities for 'essential services' such as food, payroll, and facilities maintenance (Sec. 3(a)(O)) introduces ambiguity regarding what constitutes 'essential services'. This could result in varying interpretations and disputes over compliance.

  • The lack of specified enforcement or oversight mechanisms in the bill (Sec. 3) may lead to challenges in ensuring compliance with the new contracting rules. Without clear guidance, this could create loopholes or uneven application of the law.

  • There are concerns about potential loopholes that could allow charter schools to reorganize and continue receiving federal funds despite the legal prohibition on for-profit contracts (Sec. 2(b)(6)). This raises issues of whether the bill effectively prevents profit extraction from public funds.

  • The definition of a 'charter school' in the IDEA by referencing the ESEA could complicate understanding without providing a concise explanation directly (Sec. 4), creating potential accessibility issues for those unfamiliar with the legal references.

  • The effective date of 3 years after enactment (Sec. 5) may delay the implementation of the bill, potentially allowing ongoing contract practices that the bill seeks to prohibit. This raises questions about the urgency and effectiveness of the legal provisions.

  • The bill does not specify transitional measures for existing contracts that may not align with the new rules after the effective date (Sec. 5), potentially creating legal and logistical challenges for schools to comply with the new regulations.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states its official short title, which is the "Championing Honest and Responsible Transparency in Education Reform Act," commonly known as the "CHARTER Act."

2. Purpose and findings Read Opens in new tab

Summary AI

The purpose of this section is to ensure that charter schools receiving federal funding do not engage in contracts with for-profit entities, which could profit from these schools, and to affirm findings that stress the limitations of funding eligibility to nonprofit schools. It highlights past incidents of misallocated funds and court rulings that reinforce these limitations, emphasizing the need for responsibly managed public funds to benefit students and taxpayers.

3. ESEA definition of charter school Read Opens in new tab

Summary AI

The amendments to the Elementary and Secondary Education Act specify that charter schools cannot contract with for-profit entities for core management services like running the school or managing staff. However, they are allowed to contract with for-profit or nonprofit entities for support services such as food, facilities maintenance, and classroom supplies. Additionally, the definition of "charter school" is clarified to align with these rules.

4. IDEA definition of charter school Read Opens in new tab

Summary AI

The section modifies the Individuals with Disabilities Education Act to clarify that a "charter school" is defined according to the meaning given in the Elementary and Secondary Education Act of 1965.

5. Effective date; applicability Read Opens in new tab

Summary AI

The amendments introduced by this Act will become effective three years after the Act is enacted, and they will only apply to contracts that are entered into, renewed, or extended after the Act's enactment date.