[Congressional Record Volume 159, Number 89 (Thursday, June 20, 2013)]
[Senate]
[Pages S4795-S4796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself, Mr. Coburn, Mr. Grassley, Mr. Inhofe,
Mr. Rubio, Mr. Scott, Mr. Johnson of Wisconsin, Mr. Cruz, Mr.
Lee, Mr. Wicker, and Mr. Boozman):
S. 1210. A bill to allow a State to submit a declaration of intent to
the Secretary of Education to combine certain funds to improve the
academic achievement of students; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1210
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE;
DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Academic
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents; purpose; definitions.
Sec. 2. Declaration of intent.
Sec. 3. Transparency for results of public education.
Sec. 4. Maintenance of funding levels spent by states on education.
Sec. 5. Administrative expenses.
Sec. 6. Equitable participation of private schools.
(c) Purpose.--The purposes of this Act are as follows:
(1) To give States and local communities maximum
flexibility to determine how to improve academic achievement
and implement education reforms.
(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 for advancing the academic achievement of all
students, especially disadvantaged children.
(d) Definitions.--
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
9101 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 progress
to parents and taxpayers regularly.
(B) Declaration of intent.--The term ``declaration of
intent'' 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.
(C) 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)).
(D) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who shall
authorize the submission of a declaration of intent, and any
amendments thereto, on behalf of the State. Such officials
shall include not less than 2 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 declaration of intent, 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. DECLARATION OF INTENT.
(a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent 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's declaration of intent 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 declaration of intent under this Act shall be
used for any educational purpose permitted by State law of
the State submitting a declaration of intent.
(c) Contents of Declaration.--Each declaration of intent
shall contain--
(1) a list of eligible programs that are subject to the
declaration of intent;
(2) an assurance that the submission of the declaration of
intent has been authorized by the State Authorizing
Officials, specifying the identity of the State Designated
Officer;
(3) the duration of the declaration of intent;
(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
declaration of intent and in consolidating and using the
funds under the declaration of intent;
(6) an assurance that in implementing the declaration of
intent the State will seek to advance educational
opportunities for the disadvantaged; and
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State.
(d) Duration.--The duration of the declaration of intent
shall not exceed 5 years.
(e) Review and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the declaration
of intent received from the State Designated Officer not more
than 60 days after the date of receipt of such declaration,
and shall recognize such declaration of intent unless the
declaration of intent 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 declaration of intent, as submitted, shall be deemed
to be approved.
(f) Amendment to Declaration of Intent.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a
declaration of intent 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 declaration of intent that is
in effect may be amended to--
(A) expand the scope of such declaration of intent to
encompass additional eligible programs;
(B) reduce the scope of such declaration of intent by
excluding coverage of a Federal program included in the
original declaration of intent;
(C) modify the duration of such declaration of intent; or
(D) such other modifications that 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 declaration of intent by the
proposed amendment.
(4) Treatment of program funds withdrawn from declaration
of intent.--Beginning on the effective date of an amendment
executed under paragraph (2)(B), each program requirement of
each program removed from the declaration of intent shall
apply to
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the State's use of funds made available under the program.
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--
(1) Informing the public about assessment and
proficiency.--Each State operating under a declaration of
intent 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 accountability.
(2) Assessment and standards.--Each State operating under a
declaration of intent under this Act shall establish and
implement a single system of academic standards and academic
assessments, including the development of student proficiency
goals. Such State may apply the academic assessments and
standards described under section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311) or establish
and implement different academic assessments and standards.
(b) Accountability System.--The State shall determine and
establish an accountability system to ensure accountability
under this Act.
(c) Report on Student Progress.--Not later than 1 year
after the effective date of the declaration of intent, and
annually thereafter, a State shall disseminate widely to
parents and the general public a report that describes
student progress. The report shall include--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(3)(C)(xiii) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and
(2) 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 for the disadvantaged.
SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON
EDUCATION.
(a) In General.--For each State consolidating and using
funds pursuant to a declaration of intent under this Act, for
each school year of the declaration of intent, the aggregate
amount of funds spent by the State on elementary and
secondary education shall be not less than 90 percent of the
aggregate amount of funds spent by the State on elementary
and secondary education for the school year that coincides
with the date of enactment of this Act.
(b) Exception.--
(1) State waiver claim.--The requirement of subsection (a)
may be waived by the State Authorizing Officials if the State
having a declaration of intent in effect makes a
determination, supported by specific findings, that
uncontrollable or exceptional circumstances, such as a
natural disaster or extreme contraction of economic activity,
preclude compliance for a specified period, which may be
extended. Such determination shall be presented to the
Secretary by the State Designated Officer.
(2) Action by the secretary.--The Secretary shall accept
the State's waiver, as described in paragraph (1), if the
State has presented evidence to support such waiver. The
Secretary shall review the waiver received from the State
Designated Officer not more than 60 days after the date of
receipt. If the Secretary fails to take action within that
time frame, the waiver, as submitted, shall be deemed to be
approved.
SEC. 5. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the
amount that a State with a declaration of intent 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 declaration of intent.
(b) States Not Consolidating Funds Under Part a of Title
I.--If the declaration of intent 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 declaration of
intent.
SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a
declaration of intent under this Act shall provide for the
participation of private school children and teachers in the
activities assisted under the declaration of intent in the
same manner as participation is provided to private school
children and teachers under section 9501 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7881).
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