[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Pages S4796-S4797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2110. Mr. DAINES (for himself, Mr. Grassley, Mr. Cruz, Mr. Vitter,
Mr. Johnson, Mr. Lee, Mr. Lankford, Mr. Blunt, and Mr. Crapo) submitted
an amendment intended to be proposed to amendment SA 2089 submitted by
Mr. Alexander (for himself and Mrs.
[[Page S4797]]
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:
After part B of title X, insert the following:
PART C--A PLUS ACT
SECTION 10301. SHORT TITLE; PURPOSE; DEFINITIONS.
(a) Short Title.--This part may be cited as the ``Academic
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
(b) Purpose.--The purposes of this part are as follows:
(1) To give States and local communities added 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.
(c) Definitions.--
(1) In general.--Except as otherwise provided, the terms
used in this part 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 part:
(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 part.
SEC. 10302. 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 part shall be
used for any educational purpose permitted by State law of
the State submitting a declaration of intent.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a declaration of
intent under this part shall modify or eliminate State fiscal
and accounting barriers that prevent local educational
agencies and schools from easily consolidating funds from
other Federal, State, and local sources in order to improve
educational opportunities and reduce unnecessary fiscal and
accounting requirements.
(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;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State;
and
(8) an assurance that in implementing the declaration of
intent, the State will seek to use Federal funds to
supplement, rather than supplant, State education funding.
(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) 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 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 the State's use of funds made available under the
program.
SEC. 10303. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a declaration
of intent under this part 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.--The State shall determine and
establish an accountability system to ensure accountability
under this part.
(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)(A)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3)(A)); 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. 10304. 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. 10305. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a
declaration of intent under this part 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).
______