[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

[[Page S4796]]

     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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