[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Pages S4691-S4692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2081. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 63, beginning on line 22, strike ``and the'' and 
     all that follows through the semicolon on line 25 and insert 
     the following: ``and the steps the State will take to further 
     assist local educational agencies, if such strategies are not 
     effective, including an assurance that the State will make 
     the determinations required under paragraphs (1)(A) and 
     (2)(A) of section 1119(b);''.
       On page 183, between lines 6 and 7, insert the following:

     SEC. ___. REVIEWING POLICIES ON AUTOMATIC CONTRACT RENEWALS 
                   AND RENEGOTIATING CONTRACTS FOR FAILING LOCAL 
                   EDUCATIONAL AGENCIES AND SCHOOLS.

       Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 1119. REVIEWING POLICIES ON AUTOMATIC CONTRACT 
                   RENEWALS AND RENEGOTIATING CONTRACTS FOR 
                   FAILING LOCAL EDUCATIONAL AGENCIES AND SCHOOLS.

       ``(a) Reviewing Policies on Automatic Contract Renewals.--
     Each State receiving funds under this part shall require 
     that, beginning on the date of enactment of the Every Child 
     Achieves Act of 2015, each local educational agency or public 
     elementary school or secondary school in the State review 
     their policies on entering into contracts that allows for the 
     automatic renewal of the contract without affirmative action 
     by the local educational agency or school, respectively.
       ``(b) Renegotiating Ability.--Each State receiving funds 
     under this part shall establish policies and procedures 
     ensuring that--
       ``(1) each covered contract entered into by a local 
     educational agency receiving assistance under this part 
     allows the local educational agency, during any period for 
     which the local educational agency is a failing local 
     educational agency--
       ``(A) to renegotiate any of the terms or conditions of the 
     covered contract at any point before the expiration of the 
     term of the covered contract; and
       ``(B) after the State determines that the local educational 
     agency has attempted to renegotiate in good faith but the 
     parties have been unable to reach agreement, to be released 
     from the contract; and
       ``(2) each covered contract entered into by a public 
     elementary school or secondary school receiving assistance 
     under this part allows the school, during any period for 
     which the school is identified for intervention and support 
     under section 1114(a)(1) and is served by a failing local 
     educational agency--
       ``(A) to renegotiate, with approval by the local 
     educational agency, any of the terms or

[[Page S4692]]

     conditions of the covered contract at any point before the 
     expiration of the term of the covered contract; and
       ``(B) after the State and local educational agency 
     determine that the school has attempted to renegotiate in 
     good faith but the parties have been unable to reach 
     agreement, to be released from the contract.
       ``(c) Definitions.--In this section:
       ``(1) Covered contract.--The term `covered contract' means 
     a contract or agreement that--
       ``(A) is entered into by a local educational agency, or by 
     a public elementary school or secondary school, that receives 
     assistance under this part; and
       ``(B) is entered into or renewed on or after the date of 
     enactment of the Every Child Achieves Act of 2015.
       ``(2) Failing local educational agency.--The term `failing 
     local educational agency' means a local educational agency 
     for which not less than 40 percent of the public schools 
     served by the local educational agency have been identified 
     by the State as in need of intervention and support under 
     section 1114(a)(1) for the applicable year.''.
                                 ______