HR 5071 IHCommentsClose CommentsPermalink

To amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students.CommentsClose CommentsPermalink

April 20, 2010CommentsClose CommentsPermalink

Mr. FATTAH introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘ESEA Fiscal Fairness Act’.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are as follows:CommentsClose CommentsPermalink





(1) To remedy the inequitable distribution of State and local funds within the areas served by local educational agencies.CommentsClose CommentsPermalink





(2) To reinforce the supplementary intent of funds made available under title I of the Elementary and Secondary Education Act of 1965, ensuring that these funds serve their original purpose of subsidizing the increased costs associated with educating students in concentrated poverty.CommentsClose CommentsPermalink





(3) To address the statutory, regulatory, and enforcement weaknesses that have undermined the role of the comparability requirement in ensuring comparability within school districts.CommentsClose CommentsPermalink





(4) To require the inclusion of real teacher salaries in calculations of per-pupil expenditures.CommentsClose CommentsPermalink





(5) To provide sufficient transparency, accountability, and disclosure to allow parents, communities, educators, and local agency officials to ensure students have access to the resources they need to achieve at high levels.CommentsClose CommentsPermalink

SEC. 3. COMPARABILITY OF EXPENDITURES.

Section 1120A(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6321(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Comparability of Expenditures-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) COMPARABLE FUNDING IN GENERAL- Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if the average expenditure per pupil of State and local funds in each school served under this part is at least 97 percent of the average expenditure per pupil of State and local funds across all schools that are not receiving funds under this part.CommentsClose CommentsPermalink





‘(B) COMPARABLE FUNDING AMONG SCHOOLS- If the local educational agency is serving all of such agency’s schools under this part, such agency may receive funds under this part only if the average expenditure per pupil of State and local funds in each higher poverty school is at least 97 percent of the average expenditure per pupil of State and local funds across all lower poverty schools.CommentsClose CommentsPermalink





‘(2) EQUIVALENCE- A local educational agency shall be considered to have met the requirements of paragraph (1), and to be eligible to receive funds under this part, if--CommentsClose CommentsPermalink





‘(A) such agency has filed with the State educational agency an up-to-date school-by-school listing of per-pupil expenditures of State and local funds for each school served by the agency; andCommentsClose CommentsPermalink





‘(B) the listing identified in clause (i) demonstrates comparability across schools as required by subparagraph (A) or (B) of paragraph (1).CommentsClose CommentsPermalink





‘(3) BASIS- A local educational agency may meet the requirements of subparagraphs (A) and (B) of paragraph (1) across all schools or among schools serving a particular grade span, if the local educational agency compares schools within no more than three grade spans.CommentsClose CommentsPermalink





‘(4) MONITORING-CommentsClose CommentsPermalink





‘(A) REGULATIONS BY SECRETARY- Not later than 4 months after the date of the enactment of the ESEA Fiscal Fairness Act, the Secretary shall issue regulations concerning State educational agencies’ and local educational agencies’ responsibilities for meeting the requirements of this subsection.CommentsClose CommentsPermalink





‘(B) REGULATIONS BY STATES- Not later than 6 months after the date on which the regulations required by subparagraph (A) are issued, each State educational agency shall create and distribute to local educational agencies, and make available to the public, regulations on the responsibilities of local educational agencies for meeting the requirements of this subsection.CommentsClose CommentsPermalink





‘(C) PLAN BY LOCAL EDUCATIONAL AGENCIES- Not later than 14 months after the date on which regulations required by subparagraph (B) are distributed, each local educational agency shall develop and submit to the State educational agency a plan, including a time line and annual benchmarks, that will ensure comparability as described in subparagraphs (A) and (B) of paragraph (1) not later than 3 years after the date on which the regulations required by subparagraph (B) are distributed. The plan shall be made available to the public.CommentsClose CommentsPermalink





‘(D) AUDIT- In each of the fourth and fifth years after the date of the enactment of this Act, the Inspector General of the Department shall audit 5 States and 10 local educational agencies to determine progress in meeting the requirements of this section.CommentsClose CommentsPermalink





‘(5) INAPPLICABILITY- This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.CommentsClose CommentsPermalink





‘(6) COMPLIANCE- For the purpose of determining compliance with paragraph (1), a local educational agency --CommentsClose CommentsPermalink





‘(A) shall exclude State and local funds expended for the excess costs of providing English language instruction for Limited English Proficient students as determined by the local educational agency;CommentsClose CommentsPermalink





‘(B) shall exclude State and local funds expended for the excess costs of providing services to children with disabilities as determined by the local educational agency; andCommentsClose CommentsPermalink





‘(C) may exclude supplemental State or local funds in any school attendance area or school for programs that meet the intent and purpose of this part.CommentsClose CommentsPermalink





‘(7) FORCED TRANSFERS- Nothing in this subsection shall be construed to require the forced or involuntary transfer of any school personnel to comply with subparagraph (A) of paragraph (1).CommentsClose CommentsPermalink





‘(8) COMPARABILITY AS MINIMUM STANDARD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Nothing in this subsection shall be construed to limit or discourage the allocation of State or local funds to schools served under this part in excess of 100 percent of the average per-pupil expenditure for schools not served under this part.CommentsClose CommentsPermalink





‘(B) EXCEPTION- If the local educational agency is serving all schools under this part, nothing shall be construed to discourage the allocation of State and local funds to any higher poverty schools in excess of 100 percent of the average per-pupil expenditure in lower poverty schools.CommentsClose CommentsPermalink





‘(9) PUBLIC REPORTING-CommentsClose CommentsPermalink





‘(A) SCHOOL REPORT CARDS- Beginning with the first academic year that begins after the date of the enactment of the ESEA Fiscal Fairness Act, and for each academic year thereafter, each local educational agency shall include on the school report cards required under section 1111(h)(2) the following:CommentsClose CommentsPermalink





‘(i) The average per-pupil expenditures of State and local funds for the school.CommentsClose CommentsPermalink





‘(ii) The average per-pupil expenditures of State and local funds for schools in the local educational agency not served under this part or for lower poverty schools when all schools in the local educational agency are served under this part.CommentsClose CommentsPermalink





‘(iii) The mean of average per-pupil expenditures of State and local funds for all schools in the State.CommentsClose CommentsPermalink





‘(B) UP-TO-DATE SCHOOL-BY-SCHOOL LISTING- Beginning with the first academic year that begins after the date of the enactment of the ESEA Fiscal Fairness Act and for each academic year thereafter, the State educational agency shall make publicly available the up-to-date school-by-school listings of per-pupil expenditures of State and local funds submitted by each local educational agency, as required by paragraph (2)(A)(i).CommentsClose CommentsPermalink





‘(10) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink





‘(A) EXPENDITURES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘expenditures’ means--CommentsClose CommentsPermalink





‘(I) salary expenditures for classroom teachers, including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles;CommentsClose CommentsPermalink





‘(II) salary expenditures for instructional and instructional support staff who are not classroom teachers (such as principals, librarians, paraprofessionals, academic coaches, and curriculum specialists), including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles;CommentsClose CommentsPermalink





‘(III) salary expenditures for noninstructional staff, including student support staff; andCommentsClose CommentsPermalink





‘(IV) nonpersonnel expenditures such as--CommentsClose CommentsPermalink

‘(aa) professional development for teachers and other staff;CommentsClose CommentsPermalink

‘(bb) instructional materials and supplies;CommentsClose CommentsPermalink

‘(cc) computers, software, and other technology;CommentsClose CommentsPermalink

‘(dd) contracted services such as distance learning, art, athletics, and technology services;CommentsClose CommentsPermalink

‘(ee) library books and media center materials; andCommentsClose CommentsPermalink

‘(ff) such other expenditures as the Secretary of Education may require.CommentsClose CommentsPermalink

‘(ii) DETERMINATIONS- For purposes of subclauses (I) and (II) of clause (i), in the determination of salary expenditures, salary differentials for years of employment shall be included.CommentsClose CommentsPermalink





‘(B) HIGHER POVERTY SCHOOL- The term ‘higher poverty school’ means a school that is in the highest four quartiles of the percentage of pupils from low-income families in a local educational agency.CommentsClose CommentsPermalink





‘(C) LOWER POVERTY SCHOOL- The term ‘lower poverty school’ means a school that is in the lowest quartile of the percentage of pupils from low-income families in a local educational agency.’.CommentsClose CommentsPermalink