Equitable Access to School Facilities Act

Bill Number

S. 1723

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Education

Status

Introduced

Latest Action

2025-05-13: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Last Updated

2026-06-11T23:26:37Z

AI-Generated Summary

Purpose

The Equitable Access to School Facilities Act aims to help states create or expand policies that make charter school buildings (facilities) better quality and more affordable. It does this by providing federal funding and financing options for these facilities, improving charter schools' access to public buildings, and offering technical help (expert advice and support) to grow high-quality charter schools. Charter schools are public schools that operate independently but follow state rules.

Key Provisions

• Funding Adjustments (SEC. 3): Modifies how federal funds are allocated under the Elementary and Secondary Education Act of 1965 (ESEA), allowing more flexibility in using money for charter school facilities without strict minimum spending requirements.
• State Facilities Aid Program (SEC. 4): Authorizes competitive grants to state education entities (like departments of education) to set up or improve programs that fund charter school facilities. Grants can cover:
• Acquiring, leasing, building, or renovating facilities, including partnerships with local school districts for public building access.
• Ongoing costs like maintenance.
• New ownership models for facilities shared with other public services.
• Creating reserve accounts or revolving loan funds for facility needs.
• The U.S. Department of Education can reserve up to 2% of funds for technical assistance, evaluation, and research. Authorizes $100 million annually from fiscal years 2026 to 2030. Funds must supplement (add to), not replace, state or local money. Federal grants do not create a "federal interest" (no ongoing federal claim on the funded property).
• Selection prioritizes states that reduce funding gaps between charter and traditional public schools, increase access to public buildings (especially in low-income and rural areas), and have supportive policies like tax-exempt bonds, fair land-use rules, or first rights to buy surplus public property.
• Credit Enhancement for Facilities (SEC. 5): Requires grantees in the existing federal credit enhancement program (which helps with loans for facilities) to submit annual reports for 10 years on their activities.
• Grants for High-Quality Charter Schools (SEC. 6): Expands state grants under ESEA to include help with finding facilities, ensuring they meet building codes, and providing one-time aid for code compliance to support quality education. Allows states to reserve up to 10% of funds for a revolving loan fund to loan money for startup operations or facility improvements. Permits use of funds for repairs, renovations, or new construction to meet standards.
• National Programs (SEC. 7): Enhances federal support for activities like improving charter schools' access to facilities and funding, strengthening oversight by authorizers (entities that approve charter schools), helping states pass laws to authorize more charter schools, and sharing best practices for rural charter schools, those serving students with disabilities, early planning, and innovative models.

Significant Changes to Existing Law

This bill amends key sections of the ESEA (20 U.S.C. §§ 7221a–7221d), which currently provide grants for charter school planning, startup, and facilities:

• Increases flexibility in fund allotments (from a fixed 12.5% cap to "not more than" 12.5%) and removes the requirement to spend at least 50% on facilities financing.
• Adds a new subsection (k) to Section 4304 for the State Facilities Aid Program, replacing an outdated one, with detailed grant rules, priorities, and a dedicated funding stream.
• In Section 4303 (state grants), lowers the facilities funding reservation from 90% to 80%, adds a 10% option for revolving loans, and expands allowable uses to include facility-related assistance and construction.
• In Section 4305 (national activities), broadens support to include facilities access, authorizer quality, new state authorization laws, and best practices for specific charter school types.
• Adds 10-year reporting for credit enhancement grantees and explicitly bars federal property interests in grant-funded facilities.

These changes shift from rigid spending rules to more targeted support for facilities equity and growth.

Potential Impacts

• Government Agencies: The U.S. Department of Education will administer new grants, technical assistance, and evaluations, potentially increasing workload but with dedicated funding. States may need to update policies on facilities funding, land use, and property sales to compete for grants.
• Citizens: Students and families, especially in low-income or rural areas, could gain better access to high-quality charter schools with improved facilities, leading to more educational choices. Charter schools may expand, but traditional public schools might face competition for public buildings and funds.
• International Relations: No direct impacts; this is a domestic education policy focused on U.S. public schools.

Overall, it could reduce facility-related barriers, enabling more charter schools to open or improve, potentially benefiting underserved communities but requiring states to invest in equitable policies.

Main Stakeholders Affected

• Charter Schools and Operators: Direct beneficiaries through easier access to funding, loans, and public facilities for building or upgrading.
• State and Local Education Agencies: Eligible for grants to create or expand aid programs; must align policies (e.g., on taxes, permits, surplus property) to qualify.
• Students, Parents, and Communities: Particularly in low-income, rural, or high-need areas, gaining from expanded high-quality options serving diverse groups like students with disabilities.
• Local Governments and School Districts: Affected by requirements for fair access to public buildings and property, potentially through partnerships or policy changes.
• U.S. Department of Education: Responsible for granting funds, providing technical assistance, and evaluating programs.

Notable Legal, Constitutional, or Political Implications

• Legal: Emphasizes equity by addressing funding gaps between charter and traditional public schools, without creating federal property claims (avoiding potential disputes over control). Funds must supplement existing resources, preventing displacement of state/local budgets. No "federal interest" clause protects grantees from federal oversight on property use.
• Constitutional: Aligns with the U.S. Constitution's allowance for federal education funding (via spending power) without infringing on states' rights to manage education; promotes equal protection by targeting disparities but does not mandate state actions.
• Political: Supports charter school expansion, a bipartisan issue (introduced by Sens. Cassidy and Bennet), but could spark debate over diverting resources from traditional public schools. Encourages state-level reforms on facilities, potentially influencing education policy in conservative (pro-charter) and progressive (equity-focused) states. Authorizes funding through 2030, signaling long-term federal commitment if enacted.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cassidy, Bill [R-LA]

Cosponsors (2)

Sen. Bennet, Michael F. [D-CO], Sen. Tuberville, Tommy [R-AL]

Recent Actions

• 2025-05-13: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• 2025-05-13: Introduced in Senate

Bill Versions

• Equitable Access to School Facilities Act — issued 2025-05-13 — PDF (11 pages)