 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
             SUBCHAPTER X--PROGRAMS OF NATIONAL SIGNIFICANCE
 
                     Part C--Public Charter Schools
 
              subpart 1--basic charter school grant program
 
Sec. 8066. Definitions

    As used in this subpart:
        (1) The term ``charter school'' means a public school that--
            (A) in accordance with a specific State statute authorizing 
        the granting of charters to schools, is exempted from 
        significant State or local rules that inhibit the flexible 
        operation and management of public schools, but not from any 
        rules relating to the other requirements of this paragraph;
            (B) is created by a developer as a public school, or is 
        adapted by a developer from an existing public school, and is 
        operated under public supervision and direction;
            (C) operates in pursuit of a specific set of educational 
        objectives determined by the school's developer and agreed to by 
        the authorized public chartering agency;
            (D) provides a program of elementary or secondary education, 
        or both;
            (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 [42 
        U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 
        [42 U.S.C. 2000d et seq.], title IX of the Education Amendments 
        of 1972 [20 U.S.C. 1681 et seq.], section 504 of the 
        Rehabilitation Act of 1973 [29 U.S.C. 794], and part B of the 
        Individuals with Disabilities Education Act [20 U.S.C. 1411 et 
        seq.];
            (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 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) 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) The term ``eligible applicant'' means an authorized public 
    chartering agency participating in a partnership with a developer to 
    establish a charter school in accordance with this subpart.
        (4) 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.

(Pub. L. 89-10, title X, Sec. 10310, formerly Sec. 10306, as added Pub. 
L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3829; renumbered 
Sec. 10310 and amended, Pub. L. 105-278, Sec. 3(g)(1), (h), Oct. 22, 
1998, 112 Stat. 2687, 2688; Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 322(b)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A-61.)

                       References in Text

    The Age Discrimination Act of 1975, referred to in par. (1)(G), is 
title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 6101 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 6101 of 
Title 42 and Tables.
    The Civil Rights Act of 1964, referred to in par. (1)(G), is Pub. L. 
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is 
classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 
of Title 42. For complete classification of this Act to the Code, see 
Short Title note set out under section 2000a of Title 42 and Tables.
    The Education Amendments of 1972, referred to in par. (1)(G), is 
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the 
Act is classified principally to chapter 38 (Sec. 1681 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title of 1972 Amendment note set out under section 1001 of this title 
and Tables.
    The Individuals with Disabilities Education Act, referred to in par. 
(1)(G), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as 
amended. Part B of the Act is classified generally to subchapter II 
(Sec. 1411 et seq.) of chapter 33 of this title. For complete 
classification of this Act to the Code, see section 1400 of this title 
and Tables.


                               Amendments

    2000--Pub. L. 106-554, which directed the amendment of this section 
by substituting ``subpart'' for ``part'' wherever appearing, was 
executed by making the substitution for ``part'' in introductory 
provisions and in par. (3), but not in par. (1)(G), to reflect the 
probable intent of Congress.
    1998--Par. (1)(A). Pub. L. 105-278, Sec. 3(h)(1), which directed 
amendment of subpar. (A) by substituting ``a specific State statute 
authorizing the granting of charters to schools'' for ``an enabling 
statute'', was executed by making the substitution for ``an enabling 
State statute'', to reflect the probable intent of Congress.
    Par. (1)(H). Pub. L. 105-278, Sec. 3(h)(2), inserted ``is a school 
to which parents choose to send their children, and that'' before 
``admits''.
    Par. (1)(L). Pub. L. 105-278, Sec. 3(h)(3)-(5), added subpar. (L).

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 8064, 8071i of this 
title.
