PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 1789 "(1) GRANTS TO STATES. —Grants awarded to State educational agencies under this subpart shall be for a period of not more than 3 years. "(2) GRANTS TO ELIGIBLE APPLICANTS. — Grants awarded by the Secretary to eligible applicants or subgrants awarded by State educational agencies to eligible applicants under this subpart shall be for a period of not more than 3 years, of which the eligible applicant may use— "(A) not more than 18 months for planning and program design; "(B) not more than 2 years for the initial implementation of a charter school; and "(C) not more than 2 years to carry out dissemination activities described in section 5204(f)(6)(B). "(d) LIMITATION.— ^A charter school may not receive— "(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2); or "(2) more than one grant for activities under subparagraph (C) of subsection (c)(2). " (e) PRIORITY TREATMENT. — "(1) IN GENERAL.—In awarding grants under this subpart for fiscal year 2002 or any succeeding fiscal year from any funds appropriated under section 5211 (other than funds reserved to carry out section 5205(b)), the Secretary shall give priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria described in subparagraph (A), (B), or (C) of paragraph (3). "(2) REVIEW AND EVALUATION PRIORITY CRITERIA.— The criteria referred to in paragraph (1) are that the State provides for periodic review and evaluation by the authorized public chartering agency of each charter school, at least once every 5 years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the school's charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools as set forth under State law or the school's charter. "(3) PRIORITY CRITERIA.— The criteria referred to in paragraph (1) are the following: "(A) The State has demonstrated progress, in increasing the number of high-quality charter schools that are held accountable in the terms of the schools' charters for meeting clear and measurable objectives for the educational progress of the students attending the schools, in the period prior to the period for which a State educational agency or eligible applicant applies for a grant under this subpart. "(B) The State— "(i) provides for one authorized public chartering agency that is not a local educational agency, such as a State chartering board, for each individual or entity seeking to operate a charter school pursuant to such State law; or "(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the denial of an application for a charter school.
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