I
109th CONGRESS
2d Session
H. R. 5854
IN THE HOUSE OF REPRESENTATIVES
July 20, 2006
Mr. Beauprez introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To establish a pilot program under which the Secretary of Education allows selected States to combine certain funds under the Elementary and Secondary Education Act of 1965 to improve the academic achievement of its students.
Short title; table of contents
Short title
This Act may be cited
as the Partnership for Academic
Success in the States Act
or the PASS Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Pilot program required.
Sec. 3. Performance agreements.
Sec. 4. Eligible education grant programs.
Sec. 5. Maintenance of academic performance standards.
Sec. 6. Maintenance of funding levels spent by States on education.
Sec. 7. Permissible uses of funds.
Sec. 8. Allocation of funds within State.
Sec. 9. Administrative expenses.
Sec. 10. Equitable participation of private schools.
Sec. 11. Fiscal responsibilities.
Sec. 12. Annual reports.
Sec. 13. Terms of performance agreements.
Sec. 14. Modification of performance agreements.
Sec. 15. Competitive selection process.
Sec. 16. Performance review and early termination.
Sec. 17. Awards for reducing achievement gaps.
Pilot program required
The Secretary of Education shall carry out a pilot program under this Act, to be participated in by up to 10 States.
Performance agreements
Performance agreement required
For each State participating in the pilot program, the Secretary shall, pursuant to a performance agreement entered into with that State—
grant directly to the State the grant amounts that the State (or any entity within the State, if applicable) would otherwise receive under one or more eligible education grant programs covered by the agreement; and
waive the applicability to the State (or any entity within the State, if applicable) of one or more requirements of those programs.
Specification of programs To be covered and requirements to be waived
The performance agreement shall specify the programs covered by the agreement and the requirements to be waived pursuant to the agreement.
Requirements that cannot be waived
The Secretary shall not, pursuant to a performance agreement under this Act, waive any requirement under any of the following provisions of the Elementary and Secondary Education Act of 1965:
Section 1111(b) (20 U.S.C. 6311(b); relating to academic standards, academic assessments, and accountability).
Section 1111(h) (20 U.S.C. 63111(h); relating to report cards).
Section 1116(b)(1)(E) (20 U.S.C. 6316(b)(1)(E); relating to public school choice).
Eligible education grant programs
For purposes of this Act, the eligible education grant programs are the following:
In title I of the Elementary and Secondary Education Act of 1965—
part A (relating to improving basic programs operated by local educational agencies);
subpart 3 of part B (relating to William F. Goodling Even Start Family Literacy Programs);
part C (relating to education of migratory children);
part D (relating to prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk); and
part F (relating to comprehensive school reform).
In title II of that Act—
part A (relating to teacher and principal training and recruiting fund); and
subpart 1 of part D (relating to State and local technology grants).
In title III of that Act, part A (relating to English language acquisition, language enhancement, and academic achievement).
In title IV of that Act, part A (relating to safe and drug-free schools and communities).
In title V of that Act—
part A (relating to innovative programs); and
part D (relating to the fund for the improvement of education).
In title VII of that Act, part A (relating to Indian education).
Sections 115 and 116, and parts B and C of title I, of the Carl D. Perkins Vocational Technical Education Act.
Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act.
Maintenance of academic performance standards
Each State participating in the pilot program shall, throughout the term of the performance agreement—
maintain a uniform level of challenging student academic performance standards and assessments; and
demonstrate adequate yearly progress toward achieving those standards.
Maintenance of funding levels spent by States on education
For each State participating in the pilot program, for each school year of the performance agreement, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than the aggregate amount of funds spent by the State on elementary and secondary education for school year 2007. If a State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevent the State from complying with this requirement, the Secretary may waive the applicability of this requirement to the State.
Permissible uses of funds
Grant amounts received pursuant to a performance agreement under this Act may be used for any elementary and secondary education purposes permitted by State law, in a manner that advances the education priorities of the State, improves student achievement, and narrows achievement gaps between students.
Allocation of funds within State
In general
Grant amounts received pursuant to a performance agreement under this Act shall be distributed within the State as provided by State law, subject to subsection (b).
No reduction in part A title I allocation
To the extent such grant amounts are derived from part A of title I of the Elementary and Secondary Education Act of 1965, the State shall ensure that, for each local educational agency within the State for each school year, the amount that is allocated to that local educational agency for that school year pursuant to the performance agreement is not less than the amount that was allocated to that local educational agency for school year 2007 pursuant to part A of title I of that Act. If the State cannot comply with this subsection because the total grant amounts derived from part A of title I of that Act are inadequate, the State shall reduce each local educational agency’s allocation by a uniform percentage.
Administrative expenses
A State may use not more than 1 percent of the grant amounts received pursuant to a performance agreement under this Act for administrative expenses.
Equitable participation of private schools
Grant amounts received pursuant to a performance agreement under this Act shall be used in a manner that provides for the equitable participation of private schools, and the students and professional staff of such schools.
Fiscal responsibilities
Grant amounts received pursuant to a performance agreement under this Act shall be subject to fiscal control and fund accounting procedures that ensure that those amounts are properly disbursed and accounted for.
Annual reports
In general
After each school year during which a State has participated in the pilot program, the State shall submit to the Secretary a report on the activities carried out under the performance agreement during that school year. The report shall describe in detail how the State has complied with the performance agreement and with the other requirements of this Act. The State shall ensure that the report is disseminated widely to parents and the general public, distributed to print and broadcast media, and posted on the Internet.
Submission to Congress
Not later than 60 days after the Secretary receives a report under subsection (a), the Secretary shall submit that report to Congress, together with any other information the Secretary considers appropriate.
Terms of performance agreements
Initial term
Each performance agreement under this Act shall apply for an initial term beginning with school year 2008 and ending with school year 2012.
Additional term
Each such performance agreement may, with the approval of the State and the Secretary entered into before the expiration of the initial term, be extended for an additional term beginning with school year 2013 and ending with school year 2017. The Secretary shall not withhold approval under this subsection if the State has demonstrated the adequate yearly progress required by this Act and has substantially complied with its other obligations under this Act.
Modification of performance agreements
The terms of a performance agreement may, with the approval of the State and the Secretary, be modified during the term of the performance agreement for school years that have not yet begun.
Competitive selection process
The Secretary shall, by regulation, establish a process for the selection of States to participate in the pilot program. The process shall include the following:
Application
To be considered for participation, a State must submit an application to the Secretary in such form, and containing such information, as the Secretary may require. The State must submit the application not later than March 31, 2007, but after that date may modify the application (including the draft performance agreement described in paragraph (2)) with the approval of the Secretary.
Proposed performance agreement
The application must include a draft of the performance agreement that the State proposes to enter into for purposes of the pilot program.
Certification of compliance with notice and comment requirements
The application must include the certification of the Governor of the State that the performance agreement that the State proposes has been developed by the State in accordance with the notice and comment requirements that apply under State law.
Selection
The Secretary shall select States for participation on a competitive basis, using criteria established by the Secretary. Each selection shall be completed not later than June 30, 2007.
Entering into performance agreement
For each State so selected, the Secretary and the State shall enter into the performance agreement proposed by the State. Each performance agreement shall be entered into not later than August 15, 2007.
Performance review and early termination
Periodic review
For each State participating in the pilot program, the Secretary shall periodically carry out a review to determine whether the State has demonstrated the adequate yearly progress required by this Act and has substantially complied with its other obligations under this Act.
Early termination
The Secretary may terminate a performance agreement, before the term of that agreement expires, if—
the State does not, for three consecutive school years, demonstrate the adequate yearly progress required by this Act; or
the State does not substantially comply with any other obligation under this Act.
Awards for reducing achievement gaps
Awards required
The Secretary shall make awards to each State that completes the initial term of its performance agreement and, over that term, achieves the reduction described in subsection (b).
Reduction
The
reduction referred to in subsection (a) is a reduction by not less than 25
percent, of the difference between the percentage of highest and lowest
performing groups of students that meet the State’s definition of
proficient
, as referenced in section 1111(b)(1)(D)(ii)(II) of
the Elementary and Secondary Education Act of
1965. The reduction must apply to at least two grade levels and at
least two of the following content areas: mathematics, reading, and
science.
Amount of award
The amount of an award under this section shall be not less than 5 percent of the grant amounts received by the State pursuant to the performance agreement for school year 2008.
Source of funds
Awards under this section are subject to the availability of appropriations and shall be paid from the Fund for the Improvement of Education under part D of title V of the Elementary and Secondary Education Act of 1965.
