110 HR 2577 IH: State and Local Flexibility U.S. House of Representatives 2007-06-06 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.

I 110th CONGRESS 1st Session H. R. 2577 IN THE HOUSE OF REPRESENTATIVES June 6, 2007 Mr. McKeon (for himself, Mr. Boehner, Mr. Castle, Mr. Regula, Mr. Marchant, Mr. Heller of Nevada, Mr. Walberg, Mr. Renzi, and Mr. Paul) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Elementary and Secondary Education Act of 1965 to provide additional flexibility to State and local educational agencies to raise the academic achievement of all students.

1.

Short title

This Act may be cited as the State and Local Flexibility Improvement Act.

2.

Increased use of State and local transferability of funds

(a)

Transfers by States

Section 6123(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305b(a)) is amended— (1)in paragraph (1)— (A)by striking not more than 50 percent and inserting up to 100 percent; and (2)in paragraph (2)— (A)by striking and subject to the 50 percent limitation described in paragraph (1).. (b)

Transfers by local educational agencies

Section 6123(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305b(b))is amended— (1)in paragraph (1)— (A)by amending subparagraph (A) to read as follows: (A)

In general

In accordance with this subpart, a local educational agency may transfer up to 100 percent of the funds allocated to it (including funds transferred under subparagraph (B)) under each of the provisions listed in paragraph (2) for a fiscal year to one or more of its allocations for such fiscal year under any other provision listed in paragraph (2). ; (B)by striking subparagraph (B); (C)by redesignating subparagraph (C) as subparagraph (B); and (D)in subparagraph (B), as redesignated, by striking, and subject to the percentage limitation described in subparagraph (A) or (B), as applicable; and (2)in paragraph (2), by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B). (c)Section 6123(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305b(e)) is amended— (1)in paragraph (1), by striking In general and inserting Partial transfer of funds; (2)by redesignating paragraph (2) as paragraph (3); and (3)by inserting after paragraph (2) the following: (2)

Total transfer of funds

If a State or local educational agency transfers 100 percent of the funds allocated to it for any of the programs under subsection (a)(1) or subsection (b)(2) respectively, the funds so transferred shall not be subject to the rules and requirements applicable to the funds under the provision from which the transferred funds are transferred. .

3.

Strengthening state and local control to encourage innovation in the classroom

Subpart 3 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7311 et seq.) is amended to read as follows: 3

State flexibility performance agreements

6131.

Purpose

The purpose of this subpart is to provide States greater flexibility in determining how— (1)to increase the academic achievement of all students so that all students will meet or exceed the State’s proficient level of academic achievement in reading and math by school year 2013–2014; (2)to narrow achievement gaps between the lowest- and highest-achieving groups of students; and (3)to eliminate barriers to implementing effective education reforms and directing Federal resources to where they are most needed.

6132.

State flexibility performance agreements

(a)

Authority

In accordance with this subpart, a State may enter into a performance agreement with the Secretary under which, except as otherwise provided in this subpart, the State may— (1)waive statutory or regulatory program requirements pursuant to section 6133, including those requirements for any local educational agency or school within the State; (2)consolidate the Federal funds described in section 6133 and use those funds for any educational purpose authorized under State law; (3)enter into local performance agreements with local educational agencies in the State in accordance with section 6134 in order to— (A)assist those agencies in making adequate yearly progress (as described in section 1111(b)); (B)advance the educational priorities of the State; (C)improve student achievement and narrow achievement gaps; and (D)allow those agencies to consolidate funds under the Federal programs described in section 6134 and use those funds for any educational purpose authorized under State law; (4)use an alternative method for making allocations to local educational agencies under part A of title I, provided that the Secretary determines that the method of allocation proposed by the State targets a greater proportion of funds to local educational agencies with high concentrations of children from low-income families than would the allocation pursuant to subpart 2 of that part; and (5)permit local educational agencies to use alternative criteria for directing funds provided under part A of title I to schools, in order to target services more effectively to schools that serve a high concentration of students from low-income families. (b)

Terms of performance agreement

Each performance agreement entered into by the Secretary under this subpart shall include the following provisions: (1)

Duration

A statement that the duration of the performance agreement shall be for a period of 5 years. (2)

List and Description of Program Requirements

A list and description of the Federal statutory and regulatory program requirements described in section 6133 that the State expects to waive and included in the performance agreement, and an assurance that the State will waive only those requirements described in that section. (3)

Application of program requirements

A statement that no program requirements of any program included by the State in the performance agreement shall apply, except as otherwise provided in this subpart. (4)

Use of funds to improve student achievement

A 5-year plan describing how the State intends to use the flexibility included in the performance agreement to advance the education priorities of the State, improve student achievement, and narrow achievement gaps between groups of students. (5)

Accountability requirements

If a State includes any part of part A of title I in its performance agreement, the State shall include a certification that the State has developed and continues to implement the challenging State academic standards, academic assessments, and accountability systems described in section 1111(b) and had those systems approved by the Secretary pursuant to section 1111(e). (6)

Student academic achievement requirements

If a State includes any part of part A of title I in its performance agreement, the State shall include a description of how it will hold local educational agencies and schools accountable for student performance that includes a procedure for identifying local educational agencies and schools in need of improvement, and assistance and interventions for those local educational agencies and schools to ensure that their students make substantial gains in achievement. (7)

Public school choice and supplemental educational services

If a State includes any part of part A of title I in its performance agreement, the State shall include a certification that the State accountability system developed in paragraph (6) includes public school choice and supplemental education services for those schools not making adequate yearly progress for two or more consecutive years. (8)

Local educational agencies responsibilities

A description of how a State will select local educational agencies within the State with which to enter into local performance agreements pursuant to section 6134 and a description of how the State will evaluate the performance of local educational agencies within the State with local performance agreements pursuant to section 6134 and the circumstances under which it will terminate those agreements. (9)

Alternative method for allocating funds

In the case of a State that seeks to use an alternative method for allocating funds under part A of title I to local educational agencies, a description of that method and evidence that demonstrates that the alternative method will target funds to local educational agencies with high concentrations of children from low-income families more effectively than the allocation method required under that part. (10)

Alternative criteria for allocating funds

In the case of a State that intends to permit local educational agencies within the State to use alternative criteria for allocating funds under part A of title I to schools, a description of the criteria and an analysis of the effect those criteria would have on those allocations. (11)

Fiscal responsibilities

An assurance that the State will use fiscal control and funds accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under this Act and an assurance that the State will not reduce the level of spending of State funds for elementary and secondary education during the term of the performance agreement. (12)

Civil rights

An assurance that the State will meet the requirements of applicable Federal civil rights laws. (13)

State approval

An assurance that not less than 2 of the following approved the proposed performance agreement: (A)The Governor of the State. (B)The State legislature. (C)The State educational agency. (c)

Approval of performance agreement

(1)

In general

Not later than 90 days after the receipt of a proposed performance agreement submitted by a State, the Secretary shall approve the performance agreement or provide the State with a written determination detailing the reasons why the performance agreement fails to satisfy the purposes, goals, or a requirement of this subpart. (2)

Peer-review process

In carrying out paragraph (1), the Secretary shall establish a peer-review process to assist in the review of applications under this section, and shall appoint as peer reviewers individuals who represent a broad range of educational stakeholders. (3)

Treatment as approved

Each performance agreement for which the Secretary fails to take the action required in paragraph (1) in the time period described in that paragraph shall be considered to be approved. (4)

Disapproval of performance agreement

If the Secretary disapproves a State’s performance agreement, the State shall have 30 days to resubmit a revised performance agreement. The Secretary shall approve the revised performance agreement within 30 days of receipt of the revised performance agreement or provide the State with a written determination that the revised performance agreement fails to satisfy the purposes, goals, or a requirement of this subpart. (d)

Amendment to performance agreement

(1)

In general

In each of the following circumstances, the Secretary, subject to approval under paragraph (2), shall agree to amend a performance agreement entered into with a State under this subpart: (A)

Reduction in scope of performance agreement

A State seeks to amend the performance agreement to remove from the scope of the performance agreement any program requirement described in section 6133. (B)

Expansion of scope of performance agreement

A State seeks to amend the performance agreement to include within the scope of the performance agreement any additional program requirement described in section 6133. (2)

Approval of amendment

(A)

In general

Not later than 60 days after the receipt of a proposed performance agreement amendment submitted by a State, the Secretary shall approve the amendment or provide the State with a written determination that the amendment fails to satisfy the purposes, goals, or a requirement of this subpart. (B)

Treatment as approved

Each amendment for which the Secretary fails to take the action required in subparagraph (A) in the time period described in such subparagraph shall be considered to be approved. (3)

Treatment of program requirements withdrawn from agreement

Beginning on the effective date of an amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a performance agreement shall apply to the State’s use of funds made available under the program. (e)

Within-state distribution of funds

(1)

In general

The distribution of funds from programs included in a performance agreement from a State to a local educational agency within the State shall be determined by the Governor of the State and the State legislature. In a State in which the constitution or State law designates another individual, entity, or agency to be responsible for education, the allocation of funds from programs included in the performance agreement from a State to a local educational agency within the State shall be determined by that individual, entity, or agency, in consultation with the Governor and State Legislature. Nothing in this section shall be construed to supersede or modify any provision of a State constitution or State law. (2)

Local input

States shall provide parents, teachers, and local schools and educational agencies notice and opportunity to comment on the proposed allocation of funds as provided under general State law notice-and-comment provisions.

6133.

Eligible program requirements

(a)

Scope

A State may choose to include within the scope of its performance agreement— (1)any statutory or regulatory program requirement authorized under this Act, except section 1111, (2)any program for which Congress makes funds available to the State if the program is for a purpose described in section 1001, except any program funded pursuant to the Individuals with Disabilities Education Act, and (3)notwithstanding paragraph (1), additional models and systems for measuring student progress for purposes of determining whether a local educational agency or school has made adequate yearly progress described in section 1111(b). Such models and systems that measure student progress under this paragraph may include growth models that demonstrate progress based on longitudinal student assessment results indicating improvement in the academic performance of individual students over time and ensure that all students will meet or exceed the State’s proficient level of academic achievement in reading and math by school year 2013–2014.(b)

Uses of funds

Funds made available to a State pursuant to a performance agreement under this subpart shall be used for any educational purpose permitted by State law of the State participating in the performance agreement.

6134.

Local performance agreements

(a)

In general

(1)A State that has entered into a performance agreement with the Secretary pursuant to section 6132 may enter into local performance agreements with local educational agencies in the State to waive statutory or regulatory program requirements and consolidate Federal funds to improve student achievement and narrow achievement gaps. A State shall include a priority on entering into such agreements with high-need local educational agencies as described in paragraph (3). (2)

Terms of performance agreement

A local performance agreement entered into with the State under this subpart shall include specific, measurable educational goals, with annual objectives, that the local educational agency plans to accomplish under the agreement. The agreement shall waive only those statutory or regulatory program requirements included in the performance agreement authorized under section 6132. (3)

High-need local educational agency

The term high-need local educational agency means a local educational agency that— (A)has not made adequate yearly progress for the two preceding academic years; and (B)serves a larger number, or percentage, of economically disadvantaged students than the average number or percentage, as the case may be, of such students served by local educational agencies in the State. (b)

Funds available To be consolidated

A local educational agency that has entered into a local performance agreement with a State under this section may consolidate the funds received by the local educational agency and use the consolidated funds for any educational purpose authorized under State law. (c)

Termination of local performance agreement

A State may, after providing notice and an opportunity for a hearing, terminate a local educational agency’s local performance agreement if the State determines that the local educational agency has failed to comply with the performance agreement.

6135.

Administrative expenses

(a)

State consolidating funds under part A of title I

Each State that includes part A of title I within the scope of a performance agreement under this subpart may use, for administrative expenses, not more than 1 percent of the total amount of funds made available to the State under the programs included within the scope of the performance agreement. (b)

States not consolidating funds under part A of title I

Each State that does not include part A of title I within the scope of a performance agreement under this subpart may use, for administrative expenses, not more than 3 percent of the total amount of funds made available to the State under the programs included within the scope of the performance agreement. (c)

Local educational agencies

Each local educational agency that enters into a local performance agreement with a State pursuant to section 6134 may use, for administrative expenses, not more than 4 percent of the total amount of funds allocated to such agency under the programs included within the scope of the performance agreement.

6136.

Participation by private school children and teachers

Each State consolidating and using funds pursuant to a performance agreement under this subpart shall provide for the participation of private school children and teachers in the activities assisted under the performance agreement in the same manner as participation is provided to private school children and teachers under section 9501.

6137.

Annual reports

(a)

In general

Not later than 1 year after the execution of the performance agreement, and annually thereafter, each State shall disseminate widely to the parents, the general public, and the Secretary, a report that includes— (1)student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii); and (2)a description of how the State has used Federal funds to improve academic achievement, narrow the achievement gap, and improve educational opportunities for the disadvantaged. (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 the Congress, together with any other information the Secretary considers appropriate.

6138.

Performance review and early termination

(a)

Review

For each State having in effect a performance agreement under this subpart, the Secretary shall carry out a review of the performance agreement, at the midpoint of the duration of the performance agreement, in order to determine whether the State has met the terms of the performance agreement described in section 6132. (b)

Early termination

The Secretary may terminate a performance agreement, before the duration of that performance agreement expires, if the State does not, for 3 consecutive school years, meet the terms of the performance agreement described in section 6132. Such termination shall occur after the Secretary provides notice and an opportunity for a hearing.

.

4.

Enhancing flexibility for local school districts that offer schoolwide programs

Section 1114(a)(1) of the Elementary and Secondary Education Act is amended by striking 40 percent each place it appears and inserting 25 percent.