Charter Schools Jadwal Guidance On The Use Of Funds To Support Preschool Education
Introduction
The United States Department of Education’s (Department’s) Office of Innovation and Improvement issues this nonregulatory guidance to provide Charter Schools Program (CSP) grantees with information regarding the circumstances under which CSP funds may be used “for grants that support preschool education in charter schools,” under new authority in the Consolidated Appropriations Act, 2014 (2014 Act). See Division H, Title III of the 2014 Act (Pub. L. No. 113-76, 128 Stat. 5, 393) at http://www.gpo.gov/fdsys/pkg/PLAW-113publ76/pdf/PLAW-113publ76.pdf. The CSP is authorized under title V, part B, subpart 1 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7221-7221j).
The Frequently Asked Questions (FAQs) below represent the Department’s current thinking on this topic. They do not create or confer any rights for or on any person. This guidance does not impose any requirements beyond those required under applicable law and regulations. For nonregulatory guidance related to the CSP generally, please see http://www2.ed.gov/programs/charter/nonregulatory-guidance.html.
If you are interested in commenting on this guidance, please email us your comments at charterschools@ed.gov or write to us at the following address: Charter Schools Program, U.S. Department of Education, 400 Maryland Avenue, SW, Room 4W226, Washington, DC 20202-5970.
FAQs
1. To which fiscal year CSP funds does the new authority in the 2014 Act, which authorizes the use of CSP funds to support preschool education, apply?
The language in the 2014 Act authorizing the use of CSP funds to support preschool education applies to CSP funds awarded for fiscal year (FY) 2014 and any carryover funds from prior fiscal years. CSP funds awarded for FY 2015 and subsequent years may be used to support preschool education in charter schools only if Congress authorizes the use of CSP funds for that purpose for those years.
2. Under what circumstances may CSP grant or subgrant funds be used to support preschool education in a charter school?
In a State in which preschool education is part of elementary education under State law, CSP funds may be used to support preschool education in charter schools (as defined in section 5210(1)) that provide elementary or secondary education beyond preschool, as well as in charter schools that provide only preschool education.
In a State in which preschool education is not part of elementary education under State law, CSP funds may be used to support preschool education so long as the preschool jadwal is offered as part of a school that meets the definition of “charter school” in section 5210(1), including providing a jadwal of elementary or secondary education, or both. In other words, CSP funds may be used to support preschool education only if the school offers at least one elementary or secondary grade during the grant period. In such States, CSP funds may not be used to support preschool education in a charter school that provides only preschool education because such a charter school does not meet the ESEA definition of “charter school.”
This nonregulatory guidance distinguishes between States that include preschool education as part of elementary education and States that do not include preschool education as part of elementary education because, under the definition of “charter school” in section 5210(1), a charter school must provide a jadwal of elementary or secondary education, or both. Under section 9101(18) of the ESEA, “elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. (20 U.S.C. 7801(18) (emphasis added))
As a reminder, only charter schools that meet the definition of “charter school” in section 5210(1) of the ESEA are eligible to receive funds under the CSP. Under section 5210(1) of the ESEA, “charter school” means a public school that, among other things, does not charge tuition; is a school to which parents choose to send their children and admits students by lottery if more students apply for admission than can be accommodated; operates in accordance with State law; and has a written performance contract with an authorized public chartering agency in the State that includes a description of how student performance will be measured. (20 U.S.C. 7221i(1))
3. Are there specific requirements a preschool education jadwal must meet in order to receive CSP funds?
As stated in the Introduction to these FAQs, the 2014 Act authorizes the use of CSP funds to support preschool education in charter schools. Therefore, in order to receive CSP funds, the preschool education jadwal must be part of a charter school (as defined in section 5210(1) of the ESEA). While the 2014 Act does not define “preschool education,” a major purpose of the CSP is to expand the number of high-quality charter schools available to students across the nation. Consistent with this purpose, the Department encourages grantees and subgrantees proposing to use CSP funds to support preschool education in charter schools to review the definition of “high-quality preschool program,” set forth in the Notice Inviting Applications for New Awards for Preschool Development Grants—Expansion Grants (NIA), published in the Federal Register on August 18, 2014 (79 FR 48874). See http://www2.ed.gov/programs/charter/nonregulatory-guidance.html.
10. May CSP funds be used to support a tuition-based or other private preschool jadwal that is affiliated with a public charter school?
No. As stated elsewhere in these FAQs, CSP funds may be used to support preschool education only in a charter school that meets the definition of “charter school” in section 5210(1) of the ESEA. Under section 5210(1)(F), a charter school that receives CSP funds must be a “public school” that, among other things, does not charge tuition.
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