No Educator Left Behind is a series providing answers from the U.S. Department of Education to questions about the federal No Child Left Behind Act and how it will affect educators. If you have a question about No Child Left Behind, send an e-mail to Ellen Delisio, and we will submit your question to the Department of Education.
What new provisions enacted by the No Child Left Behind Act affect the operation of the Charter School Program?
U.S. Department of Education:
The No Child Left Behind Act (NCLB) amended the Charter School Program (CSP) in two key ways.
First, NCLB amended the definition of "eligible applicant" under the CSP to eliminate the requirement that a charter school developer enter into a partnership with an authorized public chartering agency in order to qualify for a CSP start-up grant. Under the new legislation, an eligible applicant that is not a state educational agency (SEA) must (a) apply to an authorized public chartering agency for a charter; and (b) notify that agency of its application for CSP funds. The secretary of education or the SEA may waive these requirements in cases where the eligible applicant is applying for a pre-charter planning grant or subgrant.
Secondly, NCLB added a specific provision prohibiting local educational agencies (LEAs) from deducting funds for administrative fees or expenses from a subgrant awarded to an eligible applicant, unless the eligible applicant voluntarily enters into a mutually agreed upon arrangement for administrative services with the LEA.
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