Accessing Federal Programs: A Guidebook for Charter School Operators and Developers

About this Guidebook

This guidebook provides, in compact form, some basic information to assist charter schools in accessing the federal programs and resources available to them. Not all federal programs available to charter schools are represented in this guide. The programs selected are those that are commonly considered the most beneficial to charter schools. Most of the selected programs are administered directly by the U.S. Department of Education (ED). Whenever possible, information about a federal program is provided with the unique circumstances and flexibility of charter schools in mind.

The primary purpose of this document is to provide brief and helpful guidance. It creates no new rights or responsibilities. Given the legal complexity of many of these programs, readers must consult the full text of statutes, regulations, and relevant case law for specific requirements. In addition, state departments of education should also be consulted for additional information and assistance concerning state rules and regulations that may apply to the administration of federal funds.

The guidebook is organized as follows:

Chapter 1: provides a brief overview of ED, the Public Charter Schools Program, and the process involved in applying for federal education funds; it also contains examples of charter schools that have used federal funding in innovative ways;

Chapter 2: contains a matrix which introduces the 25 selected federal programs, followed by in-depth profiles and contact information for each of these programs;

Chapter 3: describes other ED initiatives related specifically to charter schools;

Chapter 4: contains contact information for federally funded technical assistance providers and other resources.

Appendix: contains information for official state department of education contacts.

Other Sources of Information on Federal Programs

The information for this guidebook draws from several other more extensive sources of information. For a comprehensive overview of all the programs offered by each of the federal agencies, see The Catalog of Federal Domestic Assistance (CFDA). ¹ Upcoming competitions for all federal grant programs, whether in ED or other agencies, are announced through the Federal Register. These announcements are published over the Internet through the U.S. Department of Education Federal Register Documents web page. ²

For a comprehensive listing of programs administered by ED, visit ED's Internet home page. Two helpful sections on the ED web site are Funding Opportunities ³ and Programs and Services ⁴. This extensive web site publishes electronic versions of many documents which provide additional guidance on accessing federal funds, including the Guide to U.S. Department of Education Programs ⁵, The New Teacher's Guide to the U.S. Department of Education and What Should I Know About ED Grants ⁶.

Overview of the U.S. Department of Education

One of the primary roles of ED is to fund and administer education programs for a variety of purposes and populations. It also recognizes and rewards excellence and improvement by students, schools, and communities. ED is organized into eight broad areas of responsibility for program administration, which are known as Principal Offices. Each is responsible for overseeing a portion of the programs established by Congress and administered by ED. The Principal Offices are:

Office of Bilingual Education and Minority Languages Affairs (OBEMLA)
Office for Civil Rights (OCR)
Office of Educational Research and Improvement (OERI)
Office of Elementary and Secondary Education (OESE)
Office of Postsecondary Education (OPE)
Office of Special Education and Rehabilitative Services (OSERS)
Office of Student Financial Assistance Programs (OSFAP)
Office of Vocational and Adult Education (OVAE)

The Principal Offices are further subdivided into Program Offices, which administer ED's grant programs on a daily basis. Typically, the Program Office conducts the review of applications, makes recommendations for funding, and then negotiates and awards the grants. The organizational chart (Figure 1, p. 3) illustrates the relationships between the different ED offices.

The Public Charter Schools Program

When signing the Charter School Expansion Act of 1998, President Clinton stated his goal for the creation of 3,000 charter schools by the year 2002. Currently, thirty-six states, the District of Columbia, and Puerto Rico, have passed charter school laws and many more states are considering similar legislation. During the 1999-2000 school year there were more than 1,680 charter schools in operation.

In 1994, Congress authorized the creation of the Public Charter Schools Program through Title X of the Elementary and Secondary Education Act (ESEA). Located organizationally within the Office of Elementary and Secondary Education (OESE) under the School Improvement Programs (SIP), the Public Charter Schools Program helps charter schools with the costs associated with starting a charter school. ED also works to increase public awareness of charter schools and supports technical assistance, research, and evaluation efforts through other ED programs and offices.

In 1998, the authorizing legislation of the Public Charter Schools Program was amended by H.R. 2616 and signed into law by the president in October as the "Charter School Expansion Act of 1998". Among its many changes, the new law:

requires ED to give priority in awarding grants to states in which the performance of every charter school is reviewed at least once every 5 years to ensure the school is fulfilling the terms of its charter and students are meeting achievement requirements and goals;
will reward states that have made progress in increasing the number of high-quality, accountable charter schools;
makes it clear that any charter school receiving funding under this program must be measured by the same state assessments as other public schools;
provides new authority for successful charter schools to serve as models, not just for other charter schools, but for public schools generally. These schools will provide advice, materials, and other information on various aspects of their programs-helping to start new public schools and helping existing schools learn from their successes.

Official guidance for the new law has been developed by various Principal Offices of ED to help charter schools better understand their responsibilities and rights under federal law.

The Public Charter School program has grown dramatically in the past five years from $6 million in fiscal year (FY) 1995 to $145 million in FY 2000. ED awards funds to states through a competitive grant process. States receiving the funds then award subgrants to authorized public chartering agencies in partnership with developers of charter schools [see Chapter 2 for more information on this program]. Currently, the program supports schools in 29 states, the District of Columbia, and Puerto Rico. The amount awarded to each state can vary depending on the strength of its application, the type of charter school program it establishes and the amount of funding required. The average size of an award a state received in FY 2000 was $3 million.

To be eligible for a federal public charter schools grant, states must pass a specific law establishing a charter school program. In accordance with the federal legislation for this program, all charter schools that receive federal funds must:

be fair, open, and accessible to all students; ⁷
be non-sectarian; and
comply with all federal regulations.⁸

The Family Learning Center: Technology Literacy Program, Title III

The Family Learning Center (FLC), located in St. Paul, MN, began in 1996 with 50 students in K-4. The school partnered with an outside group, Designs for Learning, for an array of administrative and management services. Since that time, three new charters have all joined FLC in using the same management arrangement. FLC is based on a philosophy which "prizes the innate talents of every person and nurtures courageous, caring and responsible citizens." The school is an autonomous district in the state with its own school board, which includes 5 teachers and 4 parent members.

Serving an urban population that is approximately 1/3 white, 1/3 African-American, and 1/3 Hmong, and of which 70 percent are on free or reduced-price lunch, the school has implemented a number of innovative strategies to deliver quality instruction. For example, parent conferences and narrative reports replace report cards, and each student has a personal learning plan determined by the student's advisor and parents. The personal learning plan states learning goals, which are periodically reviewed.

As part of these efforts, the school recently competed for a Technology Literacy Challenge Grant under Title III. FLC received approximately $170 thousand and is the fiscal agent for the project. The grant has helped the school develop a personal learning plan software program aligned with Minnesota's new learning standards. The goal is to produce a web-based product that any platform can access and to produce approximately a half-dozen new adventure learning packages. To implement the project, FLC has partnered with two outside groups. The first is Transforming Schools Consortium (TSC), which has about 10 school districts in Minnesota as members. Each participating district receives a file server and the software. The second is Learning Outfitters, an affiliated firm with Designs for Learning, which produces adventure learning packages for school and home markets.

Individual charter schools may use the funds only for the specific purpose of post-award planning and design of the education program of the charter school. Post-award planning may include refining the desired education results and the methods for measuring progress toward achieving those results. Schools can also use the funds for initial implementation of the charter school, which may include informing the community about the charter school, acquiring necessary equipment, materials, and supplies, and other operational costs that cannot be met from state and local sources.

In addition to granting awards directly to state agencies and charter schools to assist in the development of charter schools, ED has allocated funds to support additional research and technical assistance activities for charter schools. Examples of technical assistance activities include identifying assessments, developing curriculum, investing in technology, and updating facilities. One of the main information dissemination efforts supported by ED is the U.S. Charter Schools web site (http://www.uscharterschools.org), which provides technical assistance-related information over the Internet to charter school operators and developers. For an overview of the technical assistance, research, and evaluation efforts being coordinated by ED, turn to Chapter 3, ED Initiatives Related to Charter Schools.

The Federal Funding Process

The size and scope of federal grant programs are set by legislation from the U.S. Congress and then regulated by federal agencies. ED and other branches of the federal government are authorized to award and disburse grants.

ED distributes most federal public education funds directly to state departments of education, which then disburse the funds to individual schools and districts. Federal legislation usually defines an eligible recipient of federal funding at the state level as a State Educational Agency (SEA). An eligible recipient at the district and school level is generally defined as a Local Educational Agency (LEA). After funds are distributed to a SEA, they are then allocated through a formula, a discretionary (competitive), or other basis to LEAs or other eligible applicants. The type of allocation depends on the authorizing legislation. To find out more about how a specific SEA distributes funds to LEAs, contact your state department of education representative directly. All official state and territorial representatives for charter schools are listed in the Appendix.

Formula Grants. Federal funds provided under a formula grant program are allotted to all eligible applicants according to a prescribed formula generally established by law and ED. Eligibility for such funds is based on a set of criteria such as population, per capita income, specialized clientele, or some other measure of need, or a combination of measures specified in the authorizing legislation. For example, the Title I, Part A, program targets low-achieving students in high-poverty schools. Program funds are allocated to SEAs based on the number of students in the state whose families meet specified eligibility requirements, such as eligibility for Aid to Families with Dependent Children (AFDC) or the Free and Reduced Price Lunch program; requirements can vary from state to state. SEAs then disburse funds to LEAs (schools and/or districts) based on a formula, eligibility requirements, or other criteria.⁹ As of January 2000, new ED regulations became effective, ensuring that charter schools opening for the first time or significantly expanding their enrollment will receive funds from the State in a timely manner. Provided that new or expanding charter school LEA's notify their SEA at least 120 days before the scheduled event, SEA's must allocate funds to an eligible charter school LEA within five months for schools opening or expanding before November 1 of an academic year. For more details about the new regulations, please consult the December 1999 Federal Register, 34 CFR Part 76.¹⁰

Discretionary Grants. A discretionary grant, otherwise known as a competitive grant, is one that ED or another branch of the federal government awards through a competitive process. Under such grants, ED is able to exercise a certain amount of discretion, consistent with the authorizing legislation, to determine which applications best address the program requirements and are therefore most worthy of funding. These grants require the establishment of criteria for eligibility, for program size and growth, and some mechanism for competition among applicants.

Similar to formula grants, many discretionary grants are available only to SEAs. In some cases, however, a SEA may elect not to participate in a federal program. Consequently, ED or other branches of the federal government may distribute funds directly to LEAs in order to allow interested LEAs to participate. In such cases, a separate application process is established, and the LEA applies directly to ED.

Each time it invites applications for a new grant award competition, ED publishes a notice in the Federal Register. The general requirements and selection criteria for discretionary grants are available through the federal program office or in the program regulations. For most discretionary grant programs, ED publishes specific program regulations in the Federal Register and codifies them annually in the Code of Federal Regulations ¹¹. In cases where specific regulations are not available, applicants should consult the Education Department General Administrative Regulations (EDGAR) ¹². For more information on the application process, please consult the document What Should I Know About ED Grants ¹³. This helpful resource contains detailed information on applying for and receiving discretionary grants.

Fenton Avenue Charter School: Free and Reduced-Price Lunch Program

Fenton Avenue Charter School is a year-round, multi-track, elementary (K-5), conversion charter school that serves an ethnically diverse, economically disadvantaged population of over 1,300 students. Located in the Lake View Terrace area of Los Angeles, California, some 62 percent of the school's students are limited English proficient and 85 percent are eligible for Title I services. Ten years ago, the school was considered one of the worst in San Fernando Valley. After converting to charter status in 1994, the school steadily improved its instructional program and other services. In May of 1997, the school was named a California Distinguished School.

Insuring that Fenton students arrive in the classroom ready to learn has been an integral part of the school's program. In order to help accomplish this goal, the school has participated in the federal National School Lunch and School Breakfast Programs to obtain free and reduced-price meals for the school's students. Yet the school has done more than just participate in the program; it has used the funds in innovative ways. In partnership with another local charter school, Fenton has contracted with an outside vendor. The vendor not only provides management support to deliver meals, it also provides access to the vendor's food and supply purchasing contracts, thus reducing costs to the school. Moreover, the vendor provides the assistance of a nutritionist to help plan nutritionally sound meals that meet federal requirements for food quality.

In order to ensure that District reimbursement for free and reduced-price meals is accurately reported and received, the school has maintained an efficient record-keeping system for food, supplies, and costs associated with operation of the cafeteria. The school has also been able to use some funds it has saved for capital improvements (equipment replacement) to the kitchen and for improved food services operations.

Variations in State Laws and Legal Status of Charter Schools

One factor that determines the degree to which charter schools may access federal funds is the nature of the state rules governing charter schools. State laws and regulations that establish charter schools vary widely among states.¹⁴ Of particular importance in applying for federal funding is the exact legal status of a charter school as defined by the state's authorizing legislation.

In some states, charter schools are established as highly independent legal entities with a legal status separate from that of the agency that grants the charter. In such cases, when receiving state funding or federal dollars, charter schools are treated as independent LEAs or school districts and receive funding directly through the appropriate SEA. In other states, charter schools are constituted as a legal branch of a local or "parent" school district, and thus are considered dependent schools and may only receive funding through the parent school district.

The variation in the legal status of a charter school affects the process by which a given charter school either applies or receives a discretionary grant, or participates in a formula grant program. For example, if a charter school is considered an independent LEA by state law, the school can apply directly to their SEA for many of the formula-driven grant programs. If a school is not considered an independent LEA, the school will most likely participate in the program through its parent district.

Given these complexities, the particular route federal funding takes before reaching an individual school differs from state to state, and from school to school. For detailed information on the variation of the legal status of charter schools and how it can affect access to federal funding, please see the United States General Accounting Office, Report to Congressional Requesters, Charter Schools: Federal Funding Available but Barriers Exist ¹⁵. Additional comparative information about charter school legislation in individual states is presented in RPP International's A Comparison of Charter Legislation ¹⁶, published in June 1999.

Responsibilities of Utilizing Federal Funds

While many state charter school laws provide complete or partial waivers from many state administrative and reporting regulations, state laws cannot supercede or modify federal law, including federal reporting regulations. When applying for federal funds or undertaking a project funded by ED or another branch of the federal government, a charter school should consider the added regulations and responsibilities that accompany the funds. These regulations ensure that public funds are used properly.

When using federal funds, in addition to performing the work promised in the application for funds, a charter school operator or developer is expected to:

exercise proper stewardship of federal funds;
comply with all statutory and regulatory requirements; and
comply with all financial and performance reporting requirements.

If a school makes the decision to utilize federal support, it must be prepared to accept the responsibilities associated with administering the grant. Schools need to realistically assess the administrative requirements of grant management when making the decision to pursue federal program opportunities. Operators should put as much care into the timely, accurate, and comprehensive reporting of activities undertaken as part of a federal grant as they put into planning those activities when writing the application.

State department of education officials who have responsibility for managing federal programs can be of assistance in helping you understand the requirements of specific funds that you are interested in obtaining. The federal government is working toward offering applicants the opportunity to report information electronically through an automated process of data exchange. However, in the meantime, paper remains the primary medium of communication between the charter school and the funding source about the status of the grant.

Vaughn Next Century Learning Center: Title I and Schoolwide

Vaughn Next Century Learning Center in the Pacoima neighborhood of the San Fernando Valley, CA, is a former traditional public elementary school that converted to charter status in 1993. The school currently serves Kindergarten through 5th grade. Enrollment in 1996-97 was 94 percent Hispanic and 5 percent African American students, with about 83 percent LEP. The surrounding neighborhood is known for its high rate of poverty and population growth. In the last five years, the school has won national media acclaim and several honors, including the California Distinguished School and National Blue Ribbon awards. Its visitors have included First Lady Hillary Rodham Clinton and State Superintendent of Public Instruction Delaine Eastin.

Central to the efforts of the school to serve its students effectively has been the use of supplementary instructional programs, in part funded through federal Title I funds. Approximately 20 percent of the school's students qualify for AFDC (Aid to Families with Dependent Children), with over 97 percent qualifying for free or reduced-price lunches. In FY 1997-8, Vaughn received approximately $302,000 in additional revenues by participating in Title I. Moreover, by adopting schoolwide status, the school has been able to consolidate funding from its various categorical programs to help support its overall instructional program.

For example, the school provides parents with Saturday sessions, evening classes, and monthly parent forums as ways of involving and educating parents who cannot get to the school during the school day. The school has also lengthened its school year by 20 days, a program known as ESY (Extended School Year), which allows the teachers to pursue alternative grouping strategies. One teacher per grade works with a group of students for 10 days on remedial instruction, while another will work on enrichment activities with another group. The strategy has been so successful, school staff report, that a special Winter Academy tutoring session is also being planned this year.

Federal Waivers

In certain cases, Congress has granted ED the authority to waive the reporting and administrative requirements of a number of different federal programs. ED has several different waiver authorities, but the most relevant for charter schools is the waiver authority granted under Title X, Part C, of the Elementary and Secondary Education Act (ESEA). In general, the Secretary may waive any statutory or regulatory requirement over which he exercises administrative authority except those requirements relating to the elements of a charter school described in section 10306(1) of the ESEA. In particular, a charter school must be a non-sectarian public school that does not charge tuition. It must comply with the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and Part B of the Individuals with Disabilities Education Act. In addition, a charter school may not obtain waivers of requirements of the Americans with Disabilities Act. For more information, please see the Flexibility and Waivers home page on the ED web site. ¹⁷ For more information on how to apply for waivers for federal programs, you may call the Waiver Assistance line at ED at (202) 401-7801. To ascertain whether there are waivers for state program rules, contact your state representative.

Overview of Federal Legislation

In order to help charter schools navigate through the often complex world of federal education programs, we have provided in this section a summary of each of the major pieces of federal authorizing legislation for the programs listed in this guide.

Elementary and Secondary Education Act of 1965. The 1965 Elementary and Secondary Education Act (ESEA) was created as part of President Lyndon Johnson's War on Poverty Program. This massive legislation marked a significant change on the part of the federal government in education policy. The law established the process for setting aside money for the education of specific categories of students, and hence established the use of categorical education programs at a national level. The law is the largest federal funding source for public schools.

The major portion of this legislation is Title I, which provides money to schools with significant numbers of poor students, American Indian students, children of migratory farm workers, neglected and delinquent children, and homeless children. The money is designated to provide supplemental instructional services to meet the special needs of these students.

ESEA also includes provisions for Safe and Drug Free Schools (Title IV), Bilingual Education (Title VII), Indian, Native Hawaiian, and Alaska Native Education (Title IX), and Gifted and Talented children (Title X- B). By law, Congress reviews the legislation every five years and decides whether or not to reauthorize it. The most recent reauthorization was in 1994, with the Improving America's School Act (IASA). Congress is currently working on the 2000 reauthorization of ESEA.

Goals 2000. President Clinton signed the Goals 2000: Educate America Act into law in March 1994. Its purpose is to provide a framework for meeting the National Education Goals by promoting coherent, nationwide, systemic education reform to improve the quality of learning and teaching in the classroom and in the workplace. This legislation marked the beginning of the federal government's emphasis on the development and implementation of state and local comprehensive school improvement plans based on high standards for all students.

Goals 2000 provides a national framework for education reform by promoting research, consensus building and the systemic changes needed for all students to achieve to high standards. It also encourages families to support the academic work of their children at home, and provides parents with skills to advocate effectively for their children at school. There are three major components of Goals 2000: National Education Goals; National Education Reform Leadership, Standards, and Assessments; State and Local Education Systemic Improvement.

Individuals with Disabilities Education Act. The Individuals with Disabilities Education Act (IDEA), originally passed in 1975 as the Education for All Handicapped Children Act, ensures that all children with disabilities have available to them a free appropriate public education designed to meet their unique needs and prepare them for employment and independent living. The law also ensures that the rights of children with disabilities and parents of such children are protected. The IDEA legislation was reauthorized by Public Law 105-17 in June 1997.

Funds under IDEA, Part B, are allocated to SEAs, and through them to local educational agencies, to assist in providing special education and related services to children with disabilities residing in the state. Section 611 of Part B of IDEA, the Grants to States Program, provides federal financial assistance to states to provide special education and related services to children with disabilities beginning at age three, and possibly lasting to their twenty-second birthday, depending on state law or practice. The Preschool Grants program under Section 619 of Part B of IDEA provides additional federal financial assistance to states for providing special education and related services to children with disabilities aged three through five years, inclusive, and, at a state's discretion, to two-year-old children with disabilities who will turn three during the school year. The Infants and Toddlers with Disabilities program under Part C of IDEA provides funds to states for the maintenance and implementation of a statewide system of early intervention programs for infants and toddlers with disabilities in the state, from birth through age two, inclusive, and their families.

Pirmeria Alta, Inc.
Bilingual Education, Title VII

Pimeria Alta, Inc., which first opened in October of 1995, is both an independent corporation and a public charter school. Located near the small border city of Nogales, Arizona, the school serves 134 students, aged 13 to 22, with a year-round, individualized program in which students may pursue either a self-paced or an accelerated curriculum. Once a student has completed the minimum 21 credits (which exceeds the state's minimum requirements) at the pace he or she chooses, the student may then choose either a December or a June graduation. Eighty-two percent of Pimeria's students come from homes in poverty, 60 percent work full time, 24 percent are parents, and 67 percent are LEP. With their innovative individualized program, Pimeria has demonstrated impressive gains. In its first three years, the suspension rate has dropped from 24 percent, to 3 percent; its dropout rate has fallen from 16 percent to 5 percent; and its postsecondary enrollment rate (including colleges, universities, trade and technical schools) has climbed from 1 percent to 12 percent.

Central to the school's efforts has been its career education programs. The school has established 32 business partners throughout Nogales and has 7 different school-to-work programs within the community. For example, students are able to receive job training and certification for nursing assistant positions through one of its internship programs. With the school located in a county that has an unemployment rate of 28 percent, Pimeria has used its job training opportunities to help 43 percent of its students move on to schools or jobs elsewhere in the state.

To help reach its goals, Pimeria has used Bilingual Education Program grants to enhance its career education and core instructional program. As Sandra Potter, the school's lead operator explains, "We've now reached, program-wise, where we wanted to be in 8 years. We could not have afforded the expansion of school-to-work and the arts programs without federal monies because of the small size of the school. We have gotten better faster. Most importantly, we wouldn't have had as many successes with students." With these funds, the school can supplement its 10 certified teachers with 4 assistants, all of whom are in college programs to finish their degrees. It can also maintain a regular program of staff development, curriculum development, technology acquisition and parental involvement.

Stewart B. McKinney Homeless Assistance Act. Congress passed the Stewart B. McKinney Homeless Assistance Act in 1987 to address the complex needs of the nation's rapidly increasing homeless population. In 1990, Congress amended the McKinney Act and took a major step toward improving the educational opportunities for homeless children and youth. The amendments prohibited using residency requirements as a barrier to enrolling children and youth. States were also required to review and revise all policies, practices, laws, and regulations that might act as barriers to the enrollment, attendance, and academic success of homeless children and youth.

In 1994, Congress amended the McKinney Homeless Assistance Act as part of the reauthorization of the Improving America's Schools Act. In this move, Congress increased legal protections of homeless children and youth to ensure their access to appropriate federal, state, and local educational services.

National School Lunch Act. The National School Lunch Act established by Congress and signed into law by President Harry Truman in 1946, authorizes the National School Lunch Program (NSLP). The Child Nutrition Act of 1966 authorized the National School Breakfast Program (NSBP), which is a companion program. These programs are Federally assisted meal programs operating in more than 95,000 public and nonprofit private schools and residential child care institutions.

Currently, more than 26 million children participate in the programs, receiving nutritionally balanced, low-cost or free lunches and breakfasts each school day. The U.S. Department of Agriculture Food and Nutrition Service administers the program at the federal level. State education agencies operate the program through agreements with local school districts. School districts and agencies receive cash subsidies and commodities from the U.S. Department of Agriculture for each meal they serve.

Carl D. Perkins Vocational and Technical Education Act. The purpose of the Carl D. Perkins Vocational and Technical Education Act is to ensure that the United States is competitive in the world economy by fully developing the academic and occupational skills of all segments of the population. The Perkins Act concentrates resources on improving educational programs that focus on the academic and occupational skill competencies needed to work in a technologically advanced society.

Who Can Help with Questions?

When applying for federal funding, the first contact should be to the state charter school representative. A list of these state representatives can be found in the Appendix. Each of the profiles of the federal programs included in Chapter 2 of this guidebook includes the administrative contact information at the federal level to help answer your questions, as well as an overview of the application process.

Other valuable resources are the official SEA representatives of individual federal programs at the state level. Since many federal programs disburse dollars first to states, the state program representatives can offer the most assistance when applying for specific federal programs. However, since charter schools usually constitute a small minority of the schools eligible for a specific federal program, policies on how charter schools fit into the application process may not always be established. In such cases, the federal program representative will need to work in conjunction with the state's charter school representative and the school to examine particular issues.

Many regions of the country with large numbers of charter schools contain publicly and privately run charter school resource centers and/or state charter school associations. These organizations can also provide information on how to apply for and receive federal funding within a particular state. For contact information on these organizations, please consult the State & School Information area of the U.S. Charter Schools web site (http://www.uscharterschools.org).

Overview of Sections

The profiles of federal programs contained in the next chapter are divided into eight categories to help you find relevant programs quickly. Below is a concise summary of each category.

Charter School Development. As states continue to enact charter school legislation, the federal government has kept stride with this school reform movement by making funds available to help initiate new charter schools. Between 1997 and 2000, Congress almost tripled the allocation from $51 million to $145 million of funds available to implement new charter schools.

Underserved Students and Students with Special Needs. Programs under this heading comprise the greatest amount of federal funds available for schools through ED. More than $13 billion are allocated to states through Title I and Special Education (IDEA) programs alone. Charter schools that utilize federal program dollars have reported that these supplemental funds constitute between 0.5 percent and 10 percent of their overall operational budgets. Most of these programs are formula funds that are disbursed to schools through SEAs and are allocated based on certain eligibility requirements of students served. Also, schools with 50 percent or more children living in poverty may use Title I funds to develop a schoolwide reform effort, which allows schools to combine funds from multiple federal and local funding sources (e.g., Title I, Title IV, Migrant, Perkins, Goals 2000, etc.).

School Reform and Improvement. Since the late 1980s, the federal government has promoted a number of "school reform" or "school improvement" initiatives to states. Goals 2000, National Education Goals, Blue Ribbon Schools, and Comprehensive School Reform Demonstration are examples of such initiatives. Common elements to all these reform efforts include schools and states developing: academic content standards that all students must achieve, with accompanying assessments; improved professional development efforts; improved technology strategies; meaningful involvement by parents and communities; and improved school management and effectiveness.

Professional Development. The preparation of teachers is no longer viewed as the sole responsibility of colleges of education. Throughout their career, teachers need opportunities to build on and improve their skills. As referenced in all federal school reform legislation, the training and development of teachers must be addressed in any school or school district's plan for improvement. If schools choose to utilize federal program dollars to assist in school improvement, they must always include the professional development of staff in their strategies and goals.

Technology. In all the branches and programs, the federal government is aggressively working to address the role of technology in its functions and in the activities of the organizations and communities it serves. In education, technology initiatives began with the Goals 2000 legislation and continue today with programs such as the highly publicized E-Rate (Education rate) for schools and libraries and the President's goal of providing access to computers to all public school students and teachers in their own classrooms. Since technology can be used to support teacher training, curriculum and instruction, or library services, a number of school efforts can be supported with federal technology funds.

Career Education. School-based vocational education programs sponsored by the federal government have been redesigned to address current workplace needs for a global community. Vocational education programs are now part of "school-to-work" systems that provide occupational preparation and workforce development to help prepare students for today's workplace. Many of the national school reform initiatives emphasize "workplace readiness" as it relates to academic content standards and technology.

Early Childhood. The federal government has invested heavily in research to understand the importance of the first few years of child development in an effort to improve the development and learning of young children from birth to age eight. How to prepare and support young children academically, and how to prepare the parents of these same young children to be their children's "first teacher" are the goals of early childhood programs such as Even Start.

Serving Communities. As the nation continues to evaluate and improve its education system, an increased emphasis is being placed on the communities where schools are located and the important role that community plays in sustaining quality education programs. Locating public assistance services in schools, creating violence-free and drug-free school zones, and changing schools into places where not just children learn but where parents and community members can also learn are some examples of how federal programs are supporting communities through schools.

¹ This catalog provides a wealth of information on such topics as the organizational structure of federal agencies and grant proposals. For more information, please visit (http://www.cfda.gov). The catalog can be ordered through the Government Printing Office (GPO) by calling (202) 708-5126) or visit their home page at (http://www.access.gpo.gov/index.html).

² (http://www.ed.gov/legislation/FedRegister/) You can either search an archive of past announcements on-line, or you can subscribe to have future announcements sent to you via e-mail. You may also call (202) 708-5126 for more information.

³ http://www.Ed.gov/funding.html

⁴ http://www.Ed.gov/programs.html

⁵ (http://web99.ed.gov/GTEP/Program2.nsf).

⁶ (http://www.ed.gov/pubs/KnowAbtGrants/).

⁷ The legislation requires that charter schools cannot charge tuition and must admit students on the basis of a lottery, if more students apply for admission than can be accommodated.

⁸ Charter schools must comply with the Individuals with Disabilities Education Act (IDEA) and with federal civil rights laws. Information on the IDEA is provided on pp. 10 and 28 of this Guidebook. The federal civil rights laws protect students and other participants from discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities that receive federal financial assistance. These federal civil rights laws are: 1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin; 2) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and 4) the Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. Also, Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public entities, including public charter schools and public school districts, regardless of whether they receive federal financial assistance.

⁹ Among the other criteria there may also be provisions for reallocation of unused funds or restrictions on the rate of program growth or decline. Also specified may be the percentage of program cost that the federal government will share with the recipient population to be served. Depending on the authorizing legislation, the discretion of the federal agency charged with disbursing funds is limited to applying the formula and setting rules for operation of the program within the limits of the formula.

¹⁰ (http://ocfo.ed.gov/fedreg/finrule18.htm)

¹¹ (http://www.gpoaccess.gov/cfr/about.html)

¹² (http://ocfo.ed.gov/grntinfo/edgar.htm)

¹³ For ordering information, call (202) 708-5126 or see (http://www.ed.gov/pubs/KnowAbtGrants/)

¹⁴ In A Study of Charter Schools: First-Year Report, a Federally sponsored national study, the authors reviewed as part of their first-year findings the 25 state charter school laws which were in existence as of July 1996. In summarizing their findings on the legal status of charter schools, the report found that in 15 states and the District of Columbia, charter schools are independent entities, corporate entities, or nonprofit organizations, but in eight states charter schools remain legally a part of their local school districts. The legislation in two other states, California and Wyoming, does not directly address the legal status of charter schools. In California, schools have formed as a variety of legal entities, ranging from independent nonprofit corporations to a legal branch of the sponsoring district.

¹⁵ (http://www.gao.gov/audit.htm).

¹⁶ (http://www.uscharterschools.org/pdf/fr/charter_legis.pdf)

¹⁷ (http://www.ed.gov/flexibility).

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