109 HR 5854 IH: PASS Act
U.S. House of Representatives
2006-07-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the Partnership for Academic
Success in the States Act
or the PASS Act
.
(b)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.
2.The Secretary of
Education shall carry out a pilot program under this Act, to be participated in
by up to 10 States.
3.
(a)Performance
agreement requiredFor 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 waivedThe
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 waivedThe 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).
4.Eligible education
grant programsFor 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.
5.Maintenance of
academic performance standardsEach 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.
6.Maintenance of
funding levels spent by States on educationFor 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.
7.Permissible uses
of fundsGrant 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.
8.Allocation of
funds within State
(a)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 allocationTo 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.
9.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.
10.Equitable
participation of private schoolsGrant 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.
11.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.
12.
(a)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)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.
13.Terms of
performance agreements
(a)Each performance
agreement under this Act shall apply for an initial term beginning with school
year 2008 and ending with school year 2012.
(b)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.
14.Modification of
performance agreementsThe
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.
15.Competitive
selection processThe
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)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 agreementThe 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 requirementsThe 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)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 agreementFor 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.
16.Performance
review and early termination
(a)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)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.
17.Awards for
reducing achievement gaps
(a)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)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)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)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.