S. 4328: FLEX Act

Fostering Learning and Excellence in Charter Schools Act or the FLEX Act

This bill expands and revises the Charter Schools Program (CSP), including by expanding the allowable uses of CSP funds.

Current law authorizes competitive grants to state entities (e.g., state educational agencies and state charter school boards) and, through them, subgrants to eligible applicants (i.e., charter school developers) to enable them to open and prepare for the operation of a new charter school or replicate or expand an existing high-quality charter school. 

The bill allows subgrants to also be used for adding or expanding programs or other offerings at these schools, such as through the adoption of new academic programs or delivery models, personalized learning, or a new curricular approach. New offerings must enable additional students to enroll in and benefit from the school.

Eligible applicants may also use CSP funds for activities such as 

• hiring and compensating teachers and other school staff (currently, this may only occur during the planning period);
• carrying out necessary renovations, upgrades, or facility repairs, or acquiring portable classrooms; and
• providing transportation to students (currently, only one-time, start-up transportation costs are permitted).

Eligible applicants may request and receive advance payments of subgrants.

Among other requirements, the Department of Education must (1) use CSP funds for additional activities (e.g., increasing the number of available seats in charter schools that serve rural students and students with disabilities), and (2) consult with charter school operators prior to issuing a notice of proposed rulemaking relevant to charter schools.