[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 557 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 557

To allow a State to submit a State management decision to the Secretary 
     of Education to combine certain funds to improve the academic 
                        achievement of students.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2021

  Mrs. Lesko (for herself, Mr. Gosar, Mr. Biggs, and Mr. Schweikert) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
To allow a State to submit a State management decision to the Secretary 
     of Education to combine certain funds to improve the academic 
                        achievement of students.

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

SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Make Education 
Local Act of 2021''.
    (b) Purpose.--The purposes of this Act are as follows:
            (1) To give States and local communities added flexibility 
        and control to determine how to improve academic achievement 
        and implement education policy.
            (2) To reduce the administrative costs and compliance 
        burden of Federal education programs in order to focus Federal 
        resources on improving academic achievement.
            (3) To ensure that States and communities are accountable 
        to the public and to parents for advancing the academic 
        achievement of all students, especially disadvantaged children.
    (c) Definitions.--
            (1) In general.--Except as otherwise provided, the terms 
        used in this Act have the meanings given the terms in section 
        8101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801 et seq.).
            (2) Other terms.--In this Act:
                    (A) Accountability.--The term ``accountability'' 
                means that public schools are answerable to parents and 
                other taxpayers for the use of public funds and shall 
                report student academic progress to parents and 
                taxpayers regularly.
                    (B) State.--The term ``State'' has the meaning 
                given such term in section 1122(e) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6332(e)).
                    (C) State management decision.--The term ``State 
                management decision'' means a decision by a State, as 
                determined by State Authorizing Officials or by 
                referendum, to assume full management responsibility 
                for the expenditure of Federal funds for certain 
                eligible programs for the purpose of advancing, on a 
                more comprehensive and effective basis, the educational 
                policy of such State.
                    (D) State authorizing officials.--The term ``State 
                Authorizing Officials'' means the State officials who 
                shall authorize the submission of a State management 
                decision, and any amendments thereto, on behalf of the 
                State. Such officials shall include not less than two 
                of the following:
                            (i) The Governor of the State.
                            (ii) The highest elected education official 
                        of the State, if any.
                            (iii) The legislature of the State.
                    (E) State designated officer.--The term ``State 
                Designated Officer'' means the person designated by the 
                State Authorizing Officials to submit to the Secretary, 
                on behalf of the State, a State management decision, 
                and any amendments thereto, and to function as the 
                point-of-contact for the State for the Secretary and 
                others relating to any responsibilities arising under 
                this Act.

SEC. 2. STATE MANAGEMENT DECISION.

    (a) In General.--Each State is authorized to submit to the 
Secretary a State management decision permitting the State to receive 
Federal funds on a consolidated basis to manage the expenditure of such 
funds to advance the educational policy of the State.
    (b) Programs Eligible for Consolidation and Permissible Use of 
Funds.--
            (1) Scope.--A State may choose to include within the scope 
        of the State management decision of the State any program for 
        which Congress makes funds available to the State if the 
        program is for a purpose described in the Elementary and 
        Education Secondary Act of 1965 (20 U.S.C. 6301). A State may 
        not include any program funded pursuant to the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (2) Uses of funds.--Funds made available to a State 
        pursuant to a State management decision under this Act shall be 
        used for any educational purpose permitted by State law of the 
        State submitting a State management decision.
            (3) Removal of fiscal and accounting barriers.--Each State 
        educational agency that operates under a State management 
        decision under this Act may modify or eliminate State fiscal 
        and accounting barriers that prevent local educational agencies 
        and schools from easily consolidating funds from other eligible 
        Federal, State, and local sources in order to improve 
        educational opportunities and reduce unnecessary fiscal and 
        accounting requirements.
    (c) Contents of Decision.--Each State management decision shall 
contain--
            (1) a list of eligible programs that are subject to the 
        State management decision;
            (2) an assurance that the submission of the State 
        management decision has been authorized by the State 
        Authorizing Officials, specifying the identity of the State 
        Designated Officer;
            (3) the duration of the State management decision;
            (4) an assurance that the State will use fiscal control and 
        fund accounting procedures;
            (5) an assurance that the State will meet the requirements 
        of applicable Federal civil rights laws in carrying out the 
        State management decision and in consolidating and using the 
        funds under the State management decision;
            (6) an assurance that in implementing the State management 
        decision the State will seek to advance educational 
        opportunities for the disadvantaged;
            (7) a description of the plan for maintaining direct 
        accountability to parents and other citizens of the State;
            (8) an assurance that in implementing the State management 
        decision, the State will seek to use Federal funds to 
        supplement, rather than supplant, State education funding; and
            (9) a description of how the State will address 
        persistently failing public schools.
    (d) Minimum Duration.--The duration of the State management 
decision shall--
            (1) be greater than or equal to 5 years; and
            (2) be less than or equal to 10 years.
    (e) Review, Implementation, and Recognition by the Secretary.--
            (1) In general.--The Secretary shall review the State 
        management decision received from the State Designated Officer 
        not more than 60 days after the date of receipt of such 
        decision, and shall approve, with respect to permitting the 
        State to receive the funds described in subsection (a), such 
        State management decision unless the State management decision 
        fails to meet the requirements under subsection (c).
            (2) Recognition by operation of law.--If the Secretary 
        fails to take action within the time specified in paragraph 
        (1), the State management decision, as submitted, shall be 
        deemed to be approved.
    (f) Amendment to State Management Decision.--
            (1) In general.--The State Authorizing Officials may direct 
        the State Designated Officer to submit amendments to a State 
        management decision that is in effect. Such amendments shall be 
        submitted to the Secretary and considered by the Secretary in 
        accordance with subsection (e).
            (2) Amendments authorized.--A State management decision 
        that is in effect may be amended to--
                    (A) expand the scope of such State management 
                decision to encompass additional eligible programs;
                    (B) reduce the scope of such State management 
                decision by excluding coverage of a Federal program 
                included in the original State management decision;
                    (C) modify the duration of such State management 
                decision; or
                    (D) achieve such other modifications as the State 
                Authorizing Officials deem appropriate.
            (3) Effective date.--The amendment shall specify an 
        effective date. Such effective date shall provide adequate time 
        to assure full compliance with Federal program requirements 
        relating to an eligible program that has been removed from the 
        coverage of the State management decision by the proposed 
        amendment.
            (4) Treatment of program funds withdrawn from state 
        management decision.--Beginning on the effective date of an 
        amendment executed under paragraph (2)(B), each program 
        requirement of each program removed from the State management 
        decision shall apply to the State's use of funds made available 
        under the program.

SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.

    (a) In General.--Each State operating under a State management 
decision under this Act shall inform parents and the general public 
regarding the student achievement assessment system, demonstrating 
student progress relative to the State's determination of student 
proficiency, as described in paragraph (2), for the purpose of public 
accountability to parents and taxpayers.
    (b) Accountability System.--
            (1) In general.--The State shall determine and establish an 
        accountability system to ensure accountability under this Act.
            (2) Academic achievement.--Any accountability system 
        established by a State pursuant to paragraph (1) shall--
                    (A) be focused on the academic achievement of 
                students; and
                    (B) include a system, as determined by the State, 
                of evaluating the academic achievement and progress of 
                students.
    (c) Report on Student Progress.--Not later than 1 year after the 
effective date of the State management decision, and annually 
thereafter, a State shall, in a format acceptable to such State, 
disseminate widely to parents and the general public a report that 
describes student progress. The report shall include--
            (1) student performance data disaggregated by various 
        student groups, as determined by the State;
            (2) a description of other high-quality school options 
        available to parents in the State; and
            (3) a description of how the State has used Federal funds 
        to improve academic achievement, reduce achievement disparities 
        between various student groups, and improve educational 
        opportunities.

SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) In General.--Except as provided in subsection (b), the amount 
that a State with a State management decision may expend for 
administrative expenses shall be limited to 1 percent of the aggregate 
amount of Federal funds made available to the State through the 
eligible programs included within the scope of such State management 
decision.
    (b) States Not Consolidating Funds Under Part A of Title I.--If the 
State management decision does not include within its scope part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.), the amount spent by the State on administrative 
expenses shall be limited to 3 percent of the aggregate amount of 
Federal funds made available to the State pursuant to such State 
management decision.

SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.

    Each State consolidating and using funds pursuant to a State 
management decision under this Act shall provide for the participation 
of private school children and teachers in the activities assisted 
under the State management decision in the same manner as participation 
is provided to private school children and teachers under section 8501 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
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