[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 144

 To prohibit the Federal Government from mandating, incentivizing, or 
 making financial support conditioned upon a State, local educational 
    agency, or school's adoption of specific instructional content, 
    academic standards, or curriculum, or on the administration of 
             assessments or tests, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2015

Mr. Crapo (for himself, Mr. Cruz, Mr. Lankford, Mr. Lee, Mr. Paul, Mr. 
 Risch, and Mr. Shelby) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Federal Government from mandating, incentivizing, or 
 making financial support conditioned upon a State, local educational 
    agency, or school's adoption of specific instructional content, 
    academic standards, or curriculum, or on the administration of 
             assessments or tests, 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.

    This Act may be cited as the ``Local Leadership in Education Act''.

SEC. 2. PROHIBITIONS IN THE ELEMENTARY AND SECONDARY EDUCATION ACT.

    (a) General Prohibitions.--Section 9527 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7907) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) General Prohibitions.--
            ``(1) In general.--An officer or employee of the Federal 
        Government shall not directly or indirectly, through grants, 
        contracts, or other cooperative agreements under this Act 
        (including waivers under section 9401)--
                    ``(A) mandate, direct, or control a State, local 
                educational agency, or school's academic standards, 
                curriculum, program of instruction, or allocation of 
                State or local resources;
                    ``(B) mandate a State or any subdivision thereof to 
                spend any funds or incur any costs not paid for under 
                this Act;
                    ``(C) incentivize a State, local educational 
                agency, or school to adopt any specific academic 
                standards or a specific curriculum or program of 
                instruction, which shall include providing any 
                priority, preference, or special consideration during 
                an application process based on any specific academic 
                standards, curriculum, or program of instruction;
                    ``(D) make financial support available in a manner 
                that is conditioned upon a State, local educational 
                agency, or school's adoption of specific instructional 
                content, academic standards, or curriculum, or on the 
                administration of assessments or tests, even if such 
                requirements are specified in this Act; or
                    ``(E) mandate or require States to administer 
                assessments or tests to students.
            ``(2) Rule of construction.--Nothing in this Act shall be 
        construed to authorize an officer or employee of the Federal 
        Government directly or indirectly, whether through grants, 
        contracts, or other cooperative agreements under this Act 
        (including waivers under section 9401), to do any activity 
        prohibited under subsection (a).''; and
            (2) by adding at the end the following:
    ``(e) Prohibition on Assessments in Title I.--Part A of title I 
shall be carried out without regard to any requirement that a State 
carry out academic assessments or that local educational agencies, 
elementary schools, and secondary schools make adequate yearly 
progress.''.
    (b) Prohibition on Waiver Conditions, Requirements, or 
Preferences.--Section 9401 (20 U.S.C. 7861) is amended by adding at the 
end the following:
    ``(h) Prohibition on Waiver Conditions.--
            ``(1) In general.--The Secretary shall not establish as a 
        condition for granting a waiver under this section--
                    ``(A) the approval of academic standards by the 
                Federal government; or
                    ``(B) the administration of assessments or tests to 
                students.
            ``(2) Effect on previously issued waivers.--
                    ``(A) In general.--Any requirement described in 
                paragraph (1) that was required for a waiver provided 
                to a State, local educational agency, Indian tribe, or 
                school under this section before the date of enactment 
                of the Local Leadership in Education Act shall be void 
                and have no force of law.
                    ``(B) Prohibited actions.--The Secretary shall 
                not--
                            ``(i) enforce any requirement that is void 
                        pursuant to subparagraph (A); and
                            ``(ii) require the State, local educational 
                        agency, Indian tribe, or school to reapply for 
                        a waiver, or to agree to any other condition to 
                        replace any requirement that is void pursuant 
                        to subparagraph (A), until the end of the 
                        period of time specified under the waiver.
                    ``(C) No effect on other provisions.--Any other 
                provisions or requirements of a waiver provided under 
                this section before the date of enactment of the Local 
                Leadership in Education Act that are not affected by 
                subparagraph (A) shall remain in effect for the period 
                of time specified under the waiver.''.

SEC. 3. PROHIBITION IN THE GENERAL EDUCATION PROVISIONS ACT.

    Section 438 of the General Education Provisions Act (20 U.S.C. 
1232a) is amended--
            (1) by striking ``No provision of any applicable program 
        shall be construed to authorize any department, agency, 
        officer, or employee of the United States to'' and inserting 
        ``A department, agency, officer, or employee of the United 
        States shall not'';
            (2) by inserting ``(including the development of 
        curriculum)'' after ``over the curriculum''; and
            (3) by striking ``to'' after ``institution or school 
        system, or''.

SEC. 4. PROHIBITION IN RACE TO THE TOP FUNDING.

    Title XIV of Division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5) is amended by inserting after section 
14007 the following:

``SEC. 14007A. PROHIBITION ON ASSESSMENTS.

    ``Notwithstanding any other provision of law, no funds provided 
under section 14006 of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot 
test, field test, implement, administer, or distribute any assessment 
or testing materials.''.
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