§ 509 School financing.
(m) The Department of Education shall administer a performance fund for charter schools, to be known as the “Charter School Performance Fund.” The Department of Education shall establish threshold eligibility requirements for applicants desiring to apply for funding, which shall include but not be limited to a proven track record of success, as measured by a performance framework established by the charter school’s authorizer or comparable measures as defined by the Department. The Department of Education shall also establish criteria to evaluate applications for funding, which shall include but not be limited to the availability of supplemental funding from nonstate sources at a ratio to be determined by the Department. The Department of Education shall prioritize those applications from applicants that have:
(1) Developed high-quality plans for start-up or expansion; or
(2) Serve high-need students, as defined by the Department.
The Fund shall be subject to appropriation and shall not exceed $5 million annually.
Perhaps traditional public school should sue DE DOE for discrimination.