Equitable Access to School Facilities Act
- Sponsor
- Sen. Cassidy, Bill [R-LA]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- May 13, 2025
Bottom line
The bill aims to improve the quality and affordability of charter school facilities and support the growth of high-quality charter schools by authorizing new federal grants and increasing flexibility in existing federal programs for states.
What it actually does
This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new competitive grant program for states to create or enhance charter school facilities aid programs. It also modifies existing ESEA provisions to provide states with greater flexibility in using federal funds for charter school facilities, including allowing for revolving loan funds and expanding technical assistance for high-quality charter schools. The bill authorizes $100,000,000 annually for five fiscal years for the new state facilities aid program.
Proponents argue
Proponents argue that adequate and affordable facilities are a significant barrier to the growth and success of high-quality charter schools, particularly in low-income and rural communities. They contend that this bill provides essential federal support to states, enabling them to develop innovative solutions and ensure equitable access to facilities, ultimately benefiting students through improved learning environments.
Opponents contend
Opponents may express concerns that the bill could divert federal resources from traditional public schools or other educational priorities. They might argue that expanding federal funding for charter school facilities, without sufficient accountability, could exacerbate existing inequities or support schools that are not fully integrated into the public education system.
The bill is concise and can be read quickly, allowing ample time for evaluation of its provisions and potential impacts.
Section 2
Statement of Purpose
This section explicitly states the bill's objectives: to support states in creating or expanding policies that improve the quality and affordability of charter school facilities, including through funding, financing, and access to public buildings. It also aims to authorize technical assistance to foster the growth of high-quality charter schools.
Supporters argue
Proponents argue that a clear statement of purpose ensures that federal efforts are aligned with the critical need to address charter school facility challenges, providing a strong foundation for the bill's subsequent provisions.
Critics contend
No specific opposition is typically raised against a purpose statement itself, though general opposition to the bill's underlying goals would encompass this section.
Tradeoffs
None directly within the purpose statement.
Section 3(a) and 3(b)
Flexibility in Existing Charter School Program Funding
This section amends the Elementary and Secondary Education Act of 1965 (ESEA) to increase flexibility in how states use existing federal funds for charter schools. Specifically, it removes a mandate that states use 'not less than 50 percent' of facilities financing assistance for certain purposes and adds 'not more than' before '12.5 percent' for another funding reservation, allowing states more discretion in allocating these funds.
Section 4, inserting new subsection (k)
Establishment of State Facilities Aid Program
This section authorizes the creation of a new competitive grant program, administered by the Secretary of Education, to provide funding to State entities. These grants are intended to help states establish or enhance their own charter school facilities aid programs. The section details selection criteria, including improving equity in facility funding, increasing access to public buildings, and supporting charter schools in low-income and rural communities. It also outlines specific competitive preference priorities for states that provide tax-exempt financing, ensure equitable land-use policies, prohibit negative deed restrictions, or grant charter schools a first right of refusal for surplus public property. The program is authorized for $100,000,000 annually for fiscal years 2026 through 2030.
Section 6
Expansion of Support for High-Quality Charter Schools
This section amends ESEA Section 4303 to broaden the types of assistance available to high-quality charter schools. It allows states to use grant funds to help charter schools locate and access facilities, or provide one-time assistance for facility compliance with building codes. It also changes the percentage of funds states must use for subgrants from 90% to 80% and permits states to reserve up to 10% for a revolving loan fund. This fund can be used to provide loans for initial charter school operations or for obtaining, renovating, or rehabilitating facilities. Additionally, it expands the allowable uses of funds for repair, renovation, or construction to ensure buildings support high-quality education.
Section 7
Enhanced National Technical Assistance for Charter Schools
This section amends ESEA Section 4305(a)(3) to expand the scope of national activities supported by the Secretary of Education. It broadens the language from merely 'disseminating' information to 'providing support and disseminating' and 'identifying and disseminating' best practices. Crucially, it adds new areas for support, including charter schools' access to facilities and funding, authorizer quality and oversight, support for states that have recently enacted charter school legislation, and identifying best practices for various charter school types, such as those serving rural students, students with disabilities, and innovative models.
This clause specifies that financial assistance provided through grants under the new State Facilities Aid Program shall not create a 'Federal interest' as defined in section 200.1 of title 2, Code of Federal Regulations (or successor regulations).
Section 4, new ESEA 4304(k)(4)
Why it matters:This is standard legislative practice to clarify the nature of federal financial assistance and avoid unintended federal ownership or control over properties acquired or improved with grant funds. It aims to provide certainty to grant recipients.
Case for: Proponents argue that this provision is crucial for encouraging states and charter schools to utilize these funds for facilities. By explicitly stating that no federal interest is created, it reduces administrative burden, potential legal complexities, and long-term encumbrances on charter school properties, making facility development more attractive and straightforward.
Case against: Some might argue that if federal taxpayer funds are used to acquire or improve property, there should be some level of federal interest or oversight to ensure the public investment is protected, especially if the property ceases to be used for its intended public purpose. This clause removes that layer of federal control.
Estimated impact: Reduces the long-term federal administrative and legal oversight burden on properties developed with these funds, while providing greater autonomy to state and local entities.