[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5854 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5854
To establish a pilot program under which the Secretary of Education
allows selected States to combine certain funds under the Elementary
and Secondary Education Act of 1965 to improve the academic achievement
of its students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2006
Mr. Beauprez introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a pilot program under which the Secretary of Education
allows selected States to combine certain funds under the Elementary
and Secondary Education Act of 1965 to improve the academic achievement
of its students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Partnership for
Academic Success in the States Act'' or the ``PASS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Pilot program required.
Sec. 3. Performance agreements.
Sec. 4. Eligible education grant programs.
Sec. 5. Maintenance of academic performance standards.
Sec. 6. Maintenance of funding levels spent by States on education.
Sec. 7. Permissible uses of funds.
Sec. 8. Allocation of funds within State.
Sec. 9. Administrative expenses.
Sec. 10. Equitable participation of private schools.
Sec. 11. Fiscal responsibilities.
Sec. 12. Annual reports.
Sec. 13. Terms of performance agreements.
Sec. 14. Modification of performance agreements.
Sec. 15. Competitive selection process.
Sec. 16. Performance review and early termination.
Sec. 17. Awards for reducing achievement gaps.
SEC. 2. PILOT PROGRAM REQUIRED.
The Secretary of Education shall carry out a pilot program under
this Act, to be participated in by up to 10 States.
SEC. 3. PERFORMANCE AGREEMENTS.
(a) Performance Agreement Required.--For each State participating
in the pilot program, the Secretary shall, pursuant to a performance
agreement entered into with that State--
(1) grant directly to the State the grant amounts that the
State (or any entity within the State, if applicable) would
otherwise receive under one or more eligible education grant
programs covered by the agreement; and
(2) waive the applicability to the State (or any entity
within the State, if applicable) of one or more requirements of
those programs.
(b) Specification of Programs To Be Covered and Requirements to Be
Waived.--The performance agreement shall specify the programs covered
by the agreement and the requirements to be waived pursuant to the
agreement.
(c) Requirements That Cannot Be Waived.--The Secretary shall not,
pursuant to a performance agreement under this Act, waive any
requirement under any of the following provisions of the Elementary and
Secondary Education Act of 1965:
(1) Section 1111(b) (20 U.S.C. 6311(b); relating to
academic standards, academic assessments, and accountability).
(2) Section 1111(h) (20 U.S.C. 63111(h); relating to report
cards).
(3) Section 1116(b)(1)(E) (20 U.S.C. 6316(b)(1)(E);
relating to public school choice).
SEC. 4. ELIGIBLE EDUCATION GRANT PROGRAMS.
For purposes of this Act, the eligible education grant programs are
the following:
(1) In title I of the Elementary and Secondary Education
Act of 1965--
(A) part A (relating to improving basic programs
operated by local educational agencies);
(B) subpart 3 of part B (relating to William F.
Goodling Even Start Family Literacy Programs);
(C) part C (relating to education of migratory
children);
(D) part D (relating to prevention and intervention
programs for children and youth who are neglected,
delinquent, or at-risk); and
(E) part F (relating to comprehensive school
reform).
(2) In title II of that Act--
(A) part A (relating to teacher and principal
training and recruiting fund); and
(B) subpart 1 of part D (relating to State and
local technology grants).
(3) In title III of that Act, part A (relating to English
language acquisition, language enhancement, and academic
achievement).
(4) In title IV of that Act, part A (relating to safe and
drug-free schools and communities).
(5) In title V of that Act--
(A) part A (relating to innovative programs); and
(B) part D (relating to the fund for the
improvement of education).
(6) In title VII of that Act, part A (relating to Indian
education).
(7) Sections 115 and 116, and parts B and C of title I, of
the Carl D. Perkins Vocational Technical Education Act.
(8) Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act.
SEC. 5. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS.
Each State participating in the pilot program shall, throughout the
term of the performance agreement--
(1) maintain a uniform level of challenging student
academic performance standards and assessments; and
(2) demonstrate adequate yearly progress toward achieving
those standards.
SEC. 6. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.
For each State participating in the pilot program, for each school
year of the performance agreement, the aggregate amount of funds spent
by the State on elementary and secondary education shall be not less
than the aggregate amount of funds spent by the State on elementary and
secondary education for school year 2007. If a State demonstrates that
exceptional or uncontrollable circumstances, such as a natural disaster
or a precipitous and unforeseen decline in the financial resources of
the State, prevent the State from complying with this requirement, the
Secretary may waive the applicability of this requirement to the State.
SEC. 7. PERMISSIBLE USES OF FUNDS.
Grant amounts received pursuant to a performance agreement under
this Act may be used for any elementary and secondary education
purposes permitted by State law, in a manner that advances the
education priorities of the State, improves student achievement, and
narrows achievement gaps between students.
SEC. 8. ALLOCATION OF FUNDS WITHIN STATE.
(a) In General.--Grant amounts received pursuant to a performance
agreement under this Act shall be distributed within the State as
provided by State law, subject to subsection (b).
(b) No Reduction in Part A Title I Allocation.--To the extent such
grant amounts are derived from part A of title I of the Elementary and
Secondary Education Act of 1965, the State shall ensure that, for each
local educational agency within the State for each school year, the
amount that is allocated to that local educational agency for that
school year pursuant to the performance agreement is not less than the
amount that was allocated to that local educational agency for school
year 2007 pursuant to part A of title I of that Act. If the State
cannot comply with this subsection because the total grant amounts
derived from part A of title I of that Act are inadequate, the State
shall reduce each local educational agency's allocation by a uniform
percentage.
SEC. 9. ADMINISTRATIVE EXPENSES.
A State may use not more than 1 percent of the grant amounts
received pursuant to a performance agreement under this Act for
administrative expenses.
SEC. 10. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Grant amounts received pursuant to a performance agreement under
this Act shall be used in a manner that provides for the equitable
participation of private schools, and the students and professional
staff of such schools.
SEC. 11. FISCAL RESPONSIBILITIES.
Grant amounts received pursuant to a performance agreement under
this Act shall be subject to fiscal control and fund accounting
procedures that ensure that those amounts are properly disbursed and
accounted for.
SEC. 12. ANNUAL REPORTS.
(a) In General.--After each school year during which a State has
participated in the pilot program, the State shall submit to the
Secretary a report on the activities carried out under the performance
agreement during that school year. The report shall describe in detail
how the State has complied with the performance agreement and with the
other requirements of this Act. The State shall ensure that the report
is disseminated widely to parents and the general public, distributed
to print and broadcast media, and posted on the Internet.
(b) Submission to Congress.--Not later than 60 days after the
Secretary receives a report under subsection (a), the Secretary shall
submit that report to Congress, together with any other information the
Secretary considers appropriate.
SEC. 13. TERMS OF PERFORMANCE AGREEMENTS.
(a) Initial Term.--Each performance agreement under this Act shall
apply for an initial term beginning with school year 2008 and ending
with school year 2012.
(b) Additional Term.--Each such performance agreement may, with the
approval of the State and the Secretary entered into before the
expiration of the initial term, be extended for an additional term
beginning with school year 2013 and ending with school year 2017. The
Secretary shall not withhold approval under this subsection if the
State has demonstrated the adequate yearly progress required by this
Act and has substantially complied with its other obligations under
this Act.
SEC. 14. MODIFICATION OF PERFORMANCE AGREEMENTS.
The terms of a performance agreement may, with the approval of the
State and the Secretary, be modified during the term of the performance
agreement for school years that have not yet begun.
SEC. 15. COMPETITIVE SELECTION PROCESS.
The Secretary shall, by regulation, establish a process for the
selection of States to participate in the pilot program. The process
shall include the following:
(1) Application.--To be considered for participation, a
State must submit an application to the Secretary in such form,
and containing such information, as the Secretary may require.
The State must submit the application not later than March 31,
2007, but after that date may modify the application (including
the draft performance agreement described in paragraph (2))
with the approval of the Secretary.
(2) Proposed performance agreement.--The application must
include a draft of the performance agreement that the State
proposes to enter into for purposes of the pilot program.
(3) Certification of compliance with notice and comment
requirements.--The application must include the certification
of the Governor of the State that the performance agreement
that the State proposes has been developed by the State in
accordance with the notice and comment requirements that apply
under State law.
(4) Selection.--The Secretary shall select States for
participation on a competitive basis, using criteria
established by the Secretary. Each selection shall be completed
not later than June 30, 2007.
(5) Entering into performance agreement.--For each State so
selected, the Secretary and the State shall enter into the
performance agreement proposed by the State. Each performance
agreement shall be entered into not later than August 15, 2007.
SEC. 16. PERFORMANCE REVIEW AND EARLY TERMINATION.
(a) Periodic Review.--For each State participating in the pilot
program, the Secretary shall periodically carry out a review to
determine whether the State has demonstrated the adequate yearly
progress required by this Act and has substantially complied with its
other obligations under this Act.
(b) Early Termination.--The Secretary may terminate a performance
agreement, before the term of that agreement expires, if--
(1) the State does not, for three consecutive school years,
demonstrate the adequate yearly progress required by this Act;
or
(2) the State does not substantially comply with any other
obligation under this Act.
SEC. 17. AWARDS FOR REDUCING ACHIEVEMENT GAPS.
(a) Awards Required.--The Secretary shall make awards to each State
that completes the initial term of its performance agreement and, over
that term, achieves the reduction described in subsection (b).
(b) Reduction.--The reduction referred to in subsection (a) is a
reduction by not less than 25 percent, of the difference between the
percentage of highest and lowest performing groups of students that
meet the State's definition of ``proficient'', as referenced in section
1111(b)(1)(D)(ii)(II) of the Elementary and Secondary Education Act of
1965. The reduction must apply to at least two grade levels and at
least two of the following content areas: mathematics, reading, and
science.
(c) Amount of Award.--The amount of an award under this section
shall be not less than 5 percent of the grant amounts received by the
State pursuant to the performance agreement for school year 2008.
(d) Source of Funds.--Awards under this section are subject to the
availability of appropriations and shall be paid from the Fund for the
Improvement of Education under part D of title V of the Elementary and
Secondary Education Act of 1965.
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