The FLEX Act expands what federal charter school planning and startup grants can fund under the Elementary and Secondary Education Act. Grant money can now support adding or expanding academic programs at existing high-quality charter schools, not just opening new ones. The bill raises the minimum shares of funds that must go to state-level grants (from 12.5% to at least 15% and 22.5% to at least 25%), lets charter schools request advance payments instead of waiting for reimbursement, explicitly permits federally funded charter schools to serve students of a single sex, and limits the Education Secretary to only imposing regulations the law itself requires.
Corporate Benefits
- Charter management organization grant eligibility — organizations can access federal competitive grants to expand into states where they don’t currently operate or where charter options are limited
Average Household Impact
- Charter school program expansion access — families at existing high-quality charter schools may benefit from federally funded academic program additions
- Single-sex enrollment option — federally funded charter schools may enroll students of a single sex
Transparency & Accountability
- Education Secretary regulatory authority — restricts Secretary to regulations necessary for administration, barring nonstatutory requirements
- Charter operator pre-rulemaking consultation — requires consultation with charter operators before proposed rulemaking, previously discretionary
Congressional Summary
Fostering Learning and Excellence in Charter Schools Act or the FLEX ActThis bill expands and revises the Charter Schools Program (CSP), including by expanding the allowable uses of CSP funds.Current law authorizes competitive grants to state entities (e.g., state educational agencies and state charter school boards) and, through them, subgrants to eligible applicants (i.e., charter school developers) to enable them to open and prepare for the operation of a new charter school or replicate or expand an existing high-quality charter school. The bill allows subgrants to also be used for adding or expanding programs or other offerings at these schools, such as through the adoption of new academic programs or delivery models, personalized learning, or a new curricular approach. New offerings must enable additional students to enroll in and benefit from the school.Eligible applicants may also use CSP funds for activities such as hiring and compensating teachers and other school staff (currently, this may only occur during the planning period);carrying out necessary renovations, upgrades, or facility repairs, or acquiring portable classrooms; andproviding transportation to students (currently, only one-time, start-up transportation costs are permitted).Eligible applicants may request and receive advance payments of subgrants.Among other requirements, the Department of Education must (1) use CSP funds for additional activities (e.g., increasing the number of available seats in charter schools that serve rural students and students with disabilities), and (2) consult with charter school operators prior to issuing a notice of proposed rulemaking relevant to charter schools.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2026-04-16
- Date Added
- 2026-06-08
- Source
- Congress.gov →
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