1st Session
H. R. 5
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mr. Kline (for himself, Mr. Rokita , Mr. Petri , Ms. Foxx , Mr. Roe of Tennessee , Mr. Thompson of Pennsylvania , Mr. Guthrie , Mr. Bucshon , Mrs. Roby , Mr. Heck of Nevada , Mrs. Brooks of Indiana , and Mr. Messer ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To support State and local accountability for public education, protect State and local authority, inform parents of the performance of their children’s schools, and for other purposes.
This Act may be cited as the “Student Success Act” .
The table of contents for this Act is as follows:**Sec. 1. Short title.
Subtitle A—In general
Subtitle B—Improving the academic achievement of the disadvantaged
Subtitle C—Additional Aid to States and School Districts
Subtitle D—National assessment
Subtitle E—Title I general provisions
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( [http://www.law.cornell.edu/uscode/text/20/6301 20 U.S.C. 6301 et seq. ] ).
Unless otherwise provided in this Act, any person or agency that was awarded a grant under the Elementary and Secondary Education Act of 1965 ( [http://www.law.cornell.edu/uscode/text/20/6301 20 U.S.C. 6301 et seq. ] ) prior to the date of the enactment of this Act shall continue to receive funds in accordance with the terms of such award, except that funds for such award may not continue more than one year after the date of the enactment of this Act.
Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act.
With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on October 1, 2013.
With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2014.
With respect to title IV of the Act ( [http://www.law.cornell.edu/uscode/text/20/7701 20 U.S.C. 7701 et seq. ] ) (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2014.
The Act ( 20 U.S.C. 6301 et seq. ) is amended by inserting after section 2 the following:
Sec. 3. Authorizations of appropriations
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(a) Title I–
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(1) Part A–
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There are authorized to be appropriated to carry out part A of title I $16,651,767,000 for each of fiscal years 2014 through 2019.
(2) Part B–
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There are authorized to be appropriated to carry out part B of title I $3,028,000 for each of fiscal years 2014 through 2019.
(b) Title II–
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There are authorized to be appropriated to carry out title II $2,441,549,000 for each of fiscal years 2014 through 2019.
(c) Title III–
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(1) Part A–
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(A) Subpart 1–
There are authorized to be appropriated to carry out subpart 1 of part A of title III $300,000,000 for each of fiscal years 2014 through 2019.
(B) Subpart 2–
There are authorized to be appropriated to carry out subpart 2 of part A of title III $91,647,000 for each of fiscal years 2014 through 2019.
(C) Subpart 3–
There are authorized to be appropriated to carry out subpart 3 of part A of title III $25,000,000 for each of fiscal years 2014 through 2019.
(2) Part B–
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There are authorized to be appropriated to carry out part B of title III $2,055,709,000 for each of fiscal years 2014 through 2019.
(d) Title IV–
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(1) Payments for Federal acquisition of real property–
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For the purpose of making payments under section 4002, there are authorized to be appropriated $63,445,000 for each of fiscal years 2014 through 2019.
(2) Basic payments; payments for heavily impacted local educational agencies–
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For the purpose of making payments under section 4003(b), there are authorized to be appropriated $1,093,203,000 for each of fiscal years 2014 through 2019.
(3) Payments for children with disabilities–
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For the purpose of making payments under section 4003(d), there are authorized to be appropriated $45,881,000 for each of fiscal years 2014 through 2019.
(4) Construction–
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For the purpose of carrying out section 4007, there are authorized to be appropriated $16,529,000 for each of fiscal years 2014 through 2019.
(5) Facilities maintenance–
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For the purpose of carrying out section 4008, there are authorized to be appropriated $4,591,000 for each of fiscal years 2014 through 2019..
The title heading for title I ( [http://www.law.cornell.edu/uscode/text/20/6301 20 U.S.C. 6301 et seq. ] )is amended to read as follows:
Title I—Aid to local educational agencies
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Section 1001 ( 20 U.S.C. 6301 ) is amended to read as follows:
Sec. 1001. Statement of purpose
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The purpose of this title is to provide all children the opportunity to graduate high school prepared for postsecondary education or the workforce. This purpose can be accomplished by—
- (1) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children;
- (2) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers;
- (3) affording parents substantial and meaningful opportunities to participate in the education of their children; and
- (4) challenging States and local educational agencies to embrace meaningful, evidence-based education reform, while encouraging state and local innovation..
Section 1002 ( [http://www.law.cornell.edu/uscode/text/20/6302 20 U.S.C. 6302 ] ) is amended to read as follows:
Sec. 1002. Flexibility to use Federal funds
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(a) Alternative uses of Federal funds for State educational agencies–
(1) In general–
Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions:
- (A) Section 1003.
- (B) Section 1004.
- (C) Subpart 2 of part A of title I.
- (D) Subpart 3 of part A of title I.
- (E) Subpart 4 of part A of title I.
- (F) Chapter B of subpart 6 of part A of title I.
(2) Notification–
Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph (1).
(3) Applicable funding defined–
(A) In general–
Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out State activities under one or more of the following provisions.
- (i) Section 1003.
- (ii) Section 1004.
- (iii) Subpart 2 of part A of title I.
- (iv) Subpart 3 of part A of title I.
- (v) Subpart 4 of part A of title I.
(B) Limitation–
In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph (A)that State educational agencies are required by this Act—
- (i) to reserve, allocate, or spend for required activities;
- (ii) to allocate, allot, or award to local educational agencies or other entities eligible to receive such funds; or
- (iii) to use for technical assistance or monitoring.
(4) Disbursement–
The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph (1)for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.
(b) Alternative uses of Federal funds for local educational agencies–
(1) In general–
Subject to subsections (c)and (d)and notwithstanding any other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions:
- (A) Section 1003.
- (B) Subpart 1 of part A of title I.
- (C) Subpart 2 of part A of title I.
- (D) Subpart 3 of part A of title I.
- (E) Subpart 4 of part A of title I.
- (F) Subpart 6 of part A of title I.
(2) Notification–
A local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph (1)by a date that is established by the State educational agency for the notification.
(3) Applicable funding defined–
(A) In general–
Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out local activities under one or more of the following provisions:
- (i) Subpart 2 of part A of title I.
- (ii) Subpart 3 of part A of title I.
- (iii) Subpart 4 of part A of title I.
- (iv) Chapter A of subpart 6 of part A of title I.
(B) Limitation–
In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph (A)that local educational agencies are required by this Act—
- (i) to reserve, allocate, or spend for required activities;
- (ii) to allocate, allot, or award to entities eligible to receive such funds; or
- (iii) to use for technical assistance or monitoring.
(4) Disbursement–
Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph (1)for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.
(c) Rule for administrative costs–
A State educational agency or a local educational agency shall only use applicable funding (as defined in subsection (a)(3)or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1)or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3)or (b)(3), respectively.
(d) Rule of construction–
Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to—
- (1) use of Federal funds to supplement, not supplant, non-Federal funds;
- (2) comparability of services;
- (3) equitable participation of private school students and teachers;
- (4) applicable civil rights requirements;
- (5) section 1113; or
- (6) section 1111..
Section 1003( 20 U.S.C. 6303 )is amended—
The Act( 20 U.S.C. 6301 et seq. )is amended by inserting after section 1003the following:
Sec. 1003A. Direct student services
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(a) State reservation–
Each State shall reserve 3 percent of the amount the State receives under chapter B of subpart 1 of part A for each fiscal year to carry out this section. Of such reserved funds, the State educational agency may use up to 1 percent to administer direct student services.
(b) Direct student services–
From the amount available after the application of subsection (a), each State shall award grants in accordance with this section to local educational agencies to support direct student services.
(c) Awards–
The State educational agency shall award grants to geographically diverse local educational agencies including suburban, rural, and urban local educational agencies. If there are not enough funds to award all applicants in a sufficient size and scope to run an effective direct student services program, the State shall prioritize awards to local educational agencies with the greatest number of low-performing schools.
(d) Local use of funds–
A local educational agency receiving an award under this section—
- (1) shall use up to 1 percent of each award for outreach and communication to parents about their options and to register students for direct student services;
- (2) may use not more than 2 percent of each award for administrative costs related to direct student services; and
- (3) shall use the remainder of the award to pay the transportation required to provide public school choice or the hourly rate for high-quality academic tutoring services, as determined by a provider on the State-approved list required under subsection (f)(2).
(e) Application–
A local educational agency desiring to receive an award under subsection (b)shall submit an application describing how the local educational agency will—
- (1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education;
- (2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service;
- (3) ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options;
- (4) determine the requirements or criteria for student eligibility for direct student services;
- (5) select a variety of providers of high-quality academic tutoring from the State-approved list required under subsection (f)(2)and ensure fair negotiations in selecting such providers of high-quality academic tutoring, including online, on campus, and other models of tutoring which provide meaningful choices to parents to find the best service for their child; and
- (6) develop an estimated per pupil expenditure available for eligible students to use toward high-quality academic tutoring which shall allow for an adequate level of services to increase academic achievement from a variety of high-quality academic tutoring providers.
(f) Providers and schools–
The State—
- (1) shall ensure that each local educational agency receiving an award to provide public school choice can provide a sufficient number of options to provide a meaningful choice for parents;
- (2) shall compile a list of State-approved high-quality academic tutoring providers that includes online, on campus, and other models of tutoring; and
- (3) shall ensure that each local educational agency receiving an award will provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services..
Section 1004( [http://www.law.cornell.edu/uscode/text/20/6304 20 U.S.C. 6304 ] )is amended to read as follows:
Sec. 1004. State administration
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(a) In general–
Except as provided in subsection (b), to carry out administrative duties assigned under subparts 1, 2, and 3 of part A of this title, each State may reserve the greater of—
- (1) 1 percent of the amounts received under such subparts; or
- (2) $400,000 ($50,000 in the case of each outlying area).
(b) Exception–
If the sum of the amounts reserved under subparts 1, 2, and 3 of part A of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1)shall not exceed 1 percent of the amount the State would receive if $14,000,000,000 were allocated among the States for subparts 1, 2, and 3 of part A of this title..
The part heading for part A of title I( [http://www.law.cornell.edu/uscode/text/20/6311 20 U.S.C. 6311 et seq. ] )is amended to read as follows:
A Improving the academic achievement of the disadvantaged–
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The Act is amended by striking the subpart heading for subpart 1 of part A of title I( [http://www.law.cornell.edu/uscode/text/20/6311 20 U.S.C. 6311 et seq. ] )and inserting the following:
1 Improving basic programs operated by local educational agencies–
A Basic program requirements–
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The Act is amended by striking the subpart heading for subpart 2 of part A of title I( 20 U.S.C. 6331 et seq. )and inserting the following:
B Allocations–
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Section 1111( 20 U.S.C. 6311 )is amended to read as follows: