Page:United States Statutes at Large Volume 115 Part 2.djvu/815

 PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1799 "(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; "(F) does not charge tuition; "(G) complies 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; "(H) is a school to which parents choose to send their children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated; "(I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such requirements are specifically waived for the purpose of this program; "(J) meets all applicable Federal, State, and local health and safety requirements; "(K) operates in accordance with State law; and "(L) has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school. "(2) DEVELOPER.— The term 'developer' means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. "(3) ELIGIBLE APPLICANT. — The term 'eligible applicant' means a developer that has— "(A) applied to an authorized public chartering authority to operate a charter school; and "(B) provided adequate and timely notice to that authority under section 5203(d)(3). "(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term 'authorized public chartering agency' means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school. "SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 20 USC 7221J. "(a) IN GENERAL. —There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. "(b) RESERVATION.— From the amount appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— "(1) $200,000,000 to carry out this subpart, other than section 5205(b); and "(2) any funds in excess of $200,000,000, that do not exceed $300,000,000, to carry out section 5205(b); and

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