[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5546 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5546

To amend the Elementary and Secondary Education Act of 1965 to provide 
  States and high-need local educational agencies with flexibility in 
  using Federal funds provided under such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2012

   Mr. Baca introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to provide 
  States and high-need local educational agencies with flexibility in 
  using Federal funds provided under such Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    The Act may be cited as the ``Relief for Educators To Adjust if 
Necessary Act'' or the ``RETAIN Act''.

SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS.

    (a) In General.--Subpart 2 of part A of title VI of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended 
to read as follows:

    ``Subpart 2--Funding Flexibility for States and High-Need Local 
                          Educational Agencies

``SEC. 6121. SHORT TITLE.

    ``This subpart may be cited as the `State and Local Funding 
Flexibility Act'.

``SEC. 6122. PURPOSE.

    ``The purpose of this subpart is to allow States and high-need 
local educational agencies the flexibility to--
            ``(1) design flexible programs that use Federal funds to 
        support student achievement for all students, including 
        students most at risk of failing to meet the State's academic 
        achievement standards; and
            ``(2) extend and enhance the funding flexibility provided 
        to rural local educational agencies under section 6211 to all 
        State educational agencies and local educational agencies by 
        providing such agencies flexibility in using Federal formula 
        funds received to prevent the layoff or termination of teachers 
        or other staff.

``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS.

    ``(a) Alternative Uses of Federal Funds for State Educational 
Agencies.--
            ``(1) In general.--Subject to subsections (c) and (d) and 
        notwithstanding any other provision of law, a State educational 
        agency may use the applicable funding that the agency receives 
        for a fiscal year to provide funds to high-need local 
        educational agencies under the jurisdiction of the State 
        educational agency to prevent the layoff or termination of 
        teachers or other staff in such local educational agencies.
            ``(2) Notification.--Not later than June 1 of each year, a 
        State educational agency shall notify the Secretary of the 
        State educational agency's intention to use the applicable 
        funding for the alternative uses under paragraph (1).
            ``(3) Applicable funding defined.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in this subsection, the term 
                `applicable funding' means funds provided to carry out 
                State activities under one or more of the following 
                provisions:
                            ``(i) Section 1003(g)(2).
                            ``(ii) Section 1004.
                            ``(iii) Subpart I of Part B of title I.
                            ``(iv) Part C of title I.
                            ``(v) Part D of title I.
                            ``(vi) Part A of title II.
                            ``(vii) Part B of title II.
                            ``(viii) Part A of title III.
                            ``(ix) Part B of title IV.
                            ``(x) Part A of title V.
                            ``(xi) Title I of Public Law 111-226.
                    ``(B) Limitation.--In this subsection, the term 
                `applicable funding' does not include funds provided 
                under any of the provisions listed in subparagraph (A) 
                that State educational agencies are required by this 
                Act--
                            ``(i) to reserve, allocate, or spend for 
                        required activities;
                            ``(ii) to allot or award to local 
                        educational agencies or other entities eligible 
                        to receive such funds; or
                            ``(iii) to use for technical assistance or 
                        monitoring.
            ``(4) Disbursement.--The Secretary shall disburse the 
        applicable funding to State educational agencies for 
        alternative uses under paragraph (1) for a fiscal year at the 
        same time as the Secretary disburses the applicable funding to 
        State educational agencies that do not intend to use the 
        applicable funding for such alternative uses for the fiscal 
        year.
    ``(b) Alternative Uses of Federal Funds for High-Need Local 
Educational Agencies.--
            ``(1) In general.--Subject to subsections (c) and (d) and 
        notwithstanding any other provision of law, a high-need local 
        educational agency may use the applicable funding that the 
        agency receives for a fiscal year to prevent the layoff or 
        termination of teachers or other staff in the agency.
            ``(2) Notification.--A high-local educational agency shall 
        notify the State educational agency of the local educational 
        agency's intention to use the applicable funding for the 
        alternative uses under paragraph (1) by a date that is 
        established by the State educational agency for the 
        notification.
            ``(3) Applicable funding defined.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in this subsection, the term 
                `applicable funding' means funds provided to carry out 
                local activities under one or more of the following 
                provisions:
                            ``(i) Part A of title I.
                            ``(ii) Part C of title I.
                            ``(iii) Part D of title I.
                            ``(iv) Part A of title II.
                            ``(v) Part A of title III.
                            ``(vi) Part A of title V.
                            ``(vii) Part A of title VII.
                            ``(viii) Title I of Public Law 111-226.
                    ``(B) Limitation.--In this subsection, the term 
                `applicable funding' does not include funds provided 
                under any of the provisions listed in subparagraph (A) 
                that high-need local educational agencies are required 
                by this Act--
                            ``(i) to reserve, allocate, or spend for 
                        required activities;
                            ``(ii) to allot or award to entities 
                        eligible to receive such funds; or
                            ``(iii) to use for technical assistance or 
                        monitoring.
            ``(4) Disbursement.--Each State educational agency that 
        receives applicable funding for a fiscal year shall disburse 
        the applicable funding to local educational agencies for 
        alternative uses under paragraph (1) for the fiscal year at the 
        same time as the State educational agency disburses the 
        applicable funding to high-need local educational agencies that 
        do not intend to use the applicable funding for such 
        alternative uses for the fiscal year.
    ``(c) Rule for Administrative Costs.--A State educational agency or 
a high-need local educational agency may only use applicable funding 
(as defined in subsection (a)(3) or (b)(3), respectively) for 
administrative costs incurred in carrying out a provision listed in 
subsection (a)(1) or (b)(1), respectively, to the extent that the 
agency, in the absence of this section, could have used funds for 
administrative costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to relieve a State educational agency or local educational 
agency of any requirements relating to--
            ``(1) maintenance of effort;
            ``(2) use of Federal funds to supplement, not supplant, 
        non-Federal funds;
            ``(3) comparability of services;
            ``(4) equitable participation of private school students 
        and teachers;
            ``(5) applicable civil rights requirements;
            ``(6) the selection of school attendance areas or schools 
        under subsections (a) and (b), and allocations to such areas or 
        schools under subsection (c), of section 1113;
            ``(7) section 1111;
            ``(8) section 1116; or
            ``(9) section 3122.
    ``(e) Definitions.--For purposes of this subpart:
            ``(1) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational 
        agency--
                    ``(A)(i) that serves not fewer than 10,000 children 
                from families with incomes below the poverty line;
                    ``(ii) for which not less than 20 percent of the 
                children served by the agency are from families with 
                incomes below the poverty line; or
                    ``(iii) which has a teacher-to-student ratio of 
                1:25; and
                    ``(B)(i) for which there is a high percentage of 
                teachers not teaching in the academic subjects or grade 
                levels that the teachers were trained to teach; or
                    ``(ii) for which there is a high percentage of 
                teachers with emergency, provisional, or temporary 
                certification or licensing.
            ``(2) Other staff.--The term `other staff' does not include 
        administrators or administrative personnel.''.
    (b) Conforming Amendment.--The table of contents of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended 
by striking the items relating to subpart 2 of part A of title VI and 
inserting the following:

   ``Subpart 2--Funding Flexibility for State and Local Educational 
                                Agencies

``Sec. 6121. Short title.
``Sec. 6122. Purpose.
``Sec. 6123. Flexibility to use Federal funds.''.
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