H.R. 5933 (112th): To amend section 1120A of the Elementary and Secondary Education Act of 1965 to modify the comparability ...

...of services requirements.

112th Congress, 2011–2013. Text as of Jun 08, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

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112th CONGRESS

2d Session

H. R. 5933

IN THE HOUSE OF REPRESENTATIVES

June 8, 2012

introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend section 1120A of the Elementary and Secondary Education Act of 1965 to modify the comparability of services requirements.

1.

Comparability of services

Section 1120A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6321) is amended—

(1)

in subsection (a), by striking “involved”; and

(2)

by striking subsection (c) and inserting the following:

(c)

Comparability

(1)

In general

(A)

Comparability

Beginning for the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for those schools that are not served under this part.

(B)

Alternative comparability

If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its low-poverty schools.

(C)

Basis

A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span or school-by-school basis.

(D)

Exclusion of funds

(i)

In General

For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for—

(I)

excess costs of providing services to English learners;

(II)

excess costs of providing services to children with disabilities;

(III)

capital expenditures; and

(IV)

such other expenditures as the Secretary determines appropriate.

(ii)

Changes after the beginning of the school year

A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection.

(2)

Documentation

A local educational agency shall demonstrate that it is meeting the requirements of paragraph (1) by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency.

(3)

Inapplicability

This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.

(4)

Process and procedures

(A)

Local Educational Agency responsibilities

Each local educational agency assisted under this part shall, by October 31, 2014, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency.

(B)

State educational Agency responsibilities

Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A).

(C)

Plan

A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan.

(5)

Transition Provisions

(A)

School years preceding the 2015–2016 school year

For school years preceding the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect before the effective date of the most recent amendment to this section.

(B)

Transition between requirements

The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect before the effective date of the most recent amendment to this section, and the new requirements under this section, as so amended.

(6)

Definitions

The Secretary shall promulgate regulations defining the terms used in this subsection, including the terms per-pupil expenditure, personnel expenditure, non-personnel expenditure, high-poverty school, and low-poverty school.

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