[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 73 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 73

 To prohibit the Federal Government from mandating, incentivizing, or 
 coercing States to adopt the Common Core State Standards or any other 
    specific academic standards, instructional content, curricula, 
                assessments, or programs of instruction.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2015

  Mr. Vitter 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 
 coercing States to adopt the Common Core State Standards or any other 
    specific academic standards, instructional content, curricula, 
                assessments, or programs of instruction.

    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 Control of Education Act''.

SEC. 2. GENERAL ESEA PROHIBITION.

    (a) In General.--Section 9527 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7907) is amended by adding at the end 
the following:
    ``(e) Prohibition of Federal Government Mandating Common Standards, 
Programs of Instruction, Curricula, Assessments, or Academic 
Standards.--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)--
            ``(1) mandate, direct, or control a State, local 
        educational agency, or school's specific instructional content 
        or any specific academic standard, assessment, curriculum, or 
        program of instruction, including through any requirement, 
        direction, condition, or mandate to adopt--
                    ``(A) the Common Core State Standards developed 
                under the Common Core State Standards Initiative, any 
                other academic standards common to a number of States, 
                or any specific statewide or nationally recognized 
                content standards; or
                    ``(B) any assessment, instructional content, or 
                curriculum aligned to, or based on, specific academic 
                standards, including any of the standards described in 
                subparagraph (A);
            ``(2) incentivize a State, local educational agency, or 
        school to adopt any specific instructional content, academic 
        standard, assessment, curriculum, commonality of standards or 
        assessments, or program of instruction described in paragraph 
        (1), which shall include providing any priority, preference, or 
        special consideration during the application process based on 
        any specific content, standard, assessment, curriculum, 
        commonality, or program; or
            ``(3) make financial support available in a manner that is 
        conditioned upon a State, local educational agency, or school's 
        adoption of any specific instructional content, academic 
        standard, assessment, curriculum, commonality of standards or 
        assessments, or program of instruction described in paragraph 
        (1), even if such requirements are specified in section 14006 
        or 14007 of the American Recovery and Reinvestment Act of 2009 
        (Public Law 111-5; 123 Stat. 281) or any other Act.''.
    (b) Conforming Amendment.--Section 9527(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7907(a)) is amended by 
striking ``curriculum, program of instruction, or''.

SEC. 3. PROHIBITION ON REQUIRING ADOPTION OF COMMON STANDARDS WITH 
              RESPECT TO WAIVERS.

    (a) Prohibition.--Section 9401 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7861) is amended by adding at the end 
the following:
    ``(h) Prohibition on Requiring Certain Standards for Waivers.--
            ``(1) In general.--The Secretary shall not require that a 
        State, local educational agency, Indian tribe, or school adopt, 
        as a prerequisite or condition for any waiver under this 
        section, any specific instructional content, academic standard, 
        assessment, curriculum, or program of instruction, including--
                    ``(A) the Common Core State Standards developed 
                under the Common Core State Standards Initiative, any 
                other academic standards common to a number of States, 
                or any specific statewide or nationally recognized 
                content standards; or
                    ``(B) any assessment, instructional content, or 
                curriculum aligned to, or based on, any specific 
                academic standards, including any of the standards 
                described in subparagraph (A).
            ``(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 Control of 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 conditions 
                        to replace any requirements 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 
                Control of Education Act that are not affected by 
                subparagraph (A) shall remain in effect for the period 
                of time specified under the waiver.''.

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 REQUIRING OR PREFERRING COMMON STANDARDS.

    ``The prohibitions of section 9527(e) of the Elementary and 
Secondary Education Act of 1965 shall apply to each grant awarded under 
section 14006 or 14007 in the same manner as such prohibitions apply to 
a grant awarded under such Act.''.
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