HR 2445 IHRHCommentsClose CommentsPermalink

Union Calendar No. 119CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2445CommentsClose CommentsPermalink

[Report No. 112-180]CommentsClose CommentsPermalink

To amend the Elementary and Secondary Education Act of 1965 to provide States and local educational agencies with maximum flexibility in using Federal funds provided under such Act, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 7, 2011CommentsClose CommentsPermalink

Mr. KLINE (for himself, Mr. HUNTER, Mr. MCKEON, Mr. GOODLATTE, Mr. ROE of Tennessee, Mr. THOMPSON of Pennsylvania, Mr. DESJARLAIS, Mr. HANNA, Mr. BUCSHON, Mr. BARLETTA, Mrs. NOEM, Mr. HECK, and Mr. KELLY) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink

July 25, 2011CommentsClose CommentsPermalink

Additional sponsors: Mrs. ROBY and Mr. ROSS of FloridaCommentsClose CommentsPermalink

July 25, 2011CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on July 7, 2011]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To amend the Elementary and Secondary Education Act of 1965 to provide States and local educational agencies with maximum flexibility in using Federal funds provided under such Act, and for other purposes.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.

The Act may be cited as the ‘State and Local Funding Flexibility Act’. CommentsClose CommentsPermalink

SEC. 2. FLEXIBILITY TO USE FEDERAL FUNDS.

(a) In General- Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7305 et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘Subpart 2--Funding Flexibility for State and Local Educational Agencies

‘SEC. 6121. SHORT TITLE.

‘This subpart may be cited as the ‘State and Local Funding Flexibility Act’. CommentsClose CommentsPermalink

‘SEC. 6122. PURPOSE.

‘The purpose of this subpart is to allow States and local educational agencies the flexibility to-- CommentsClose CommentsPermalink





‘(1) design flexible programs that use Federal funds to support student achievement for all students, including students most at risk of failing to meet the State’s academic achievement standards; and CommentsClose CommentsPermalink





‘(2) extend and enhance the funding flexibility provided to rural local educational agencies under section 6211 to all State educational agencies and local educational agencies by providing such agencies flexibility in using Federal formula funds received to carry out authorized State or local activities for other authorized or required State or local activities. CommentsClose CommentsPermalink

‘SEC. 61223. FLEXIBILITY TO USE FEDERAL FUNDS.

‘(a) Alternative Uses of Federal Funds for State Educational Agencies- CommentsClose CommentsPermalink





‘(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: CommentsClose CommentsPermalink





‘(A) Section 1003. CommentsClose CommentsPermalink





‘(B) Section 1004. CommentsClose CommentsPermalink





‘(C) Subpart 1 of part B of title I. CommentsClose CommentsPermalink





‘(D) Part C of title I. CommentsClose CommentsPermalink





‘(E) Part D of title I. CommentsClose CommentsPermalink





‘(F) Part A of title II. CommentsClose CommentsPermalink





‘(G) Part B of title II. CommentsClose CommentsPermalink





‘(H) Title III. CommentsClose CommentsPermalink





‘(I) Part B of title IV. CommentsClose CommentsPermalink





‘(J) Part A of title V. CommentsClose CommentsPermalink





‘(K) Subpart 1 of part A of title VI. CommentsClose CommentsPermalink





‘(L) Subpart 2 of part B of title VI. CommentsClose CommentsPermalink





‘(M) Subpart 2 of part A of title VII. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(3) APPLICABLE FUNDING DEFINED- CommentsClose CommentsPermalink





‘(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: CommentsClose CommentsPermalink





‘(i) Section 1003(g)(2). CommentsClose CommentsPermalink





‘(ii) Section 1004. CommentsClose CommentsPermalink





‘(iii) Subpart I of pPart B of title I. CommentsClose CommentsPermalink





‘(iv) Part C of title I. CommentsClose CommentsPermalink





‘(v) Part D of title I. CommentsClose CommentsPermalink





‘(vi) Part A of title II. CommentsClose CommentsPermalink





‘(vii) Part B of title II. CommentsClose CommentsPermalink





‘(viii) Part A of title III. CommentsClose CommentsPermalink





‘(ix) Part B of title IV. CommentsClose CommentsPermalink





‘(x) Part A of title V. CommentsClose CommentsPermalink





‘(xi) Title I ofPublic Law 111-226. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) to reserve, allocate, or spend for required activities; CommentsClose CommentsPermalink





‘(ii) to allot or award to local educational agencies or other entities eligible to receive such funds; or CommentsClose CommentsPermalink





‘(iii) to use for technical assistance or monitoring. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(b) Alternative Uses of Federal Funds for Local Educational Agencies- CommentsClose CommentsPermalink





‘(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: CommentsClose CommentsPermalink





‘(A) Section 1003. CommentsClose CommentsPermalink





‘(B) Part A of title I. CommentsClose CommentsPermalink





‘(C) Subpart 1 of part B of title I. CommentsClose CommentsPermalink





‘(D) Part C of title I. CommentsClose CommentsPermalink





‘(E) Part D of title I. CommentsClose CommentsPermalink





‘(F) Part A of title II. CommentsClose CommentsPermalink





‘(G) Part B of title II. CommentsClose CommentsPermalink





‘(H) Part A of title III. CommentsClose CommentsPermalink





‘(I) Part B of title IV. CommentsClose CommentsPermalink





‘(J) Part A of title V. CommentsClose CommentsPermalink





‘(K) Subpart 2 of part B of title VI. CommentsClose CommentsPermalink





‘(L) Part A of title VII. CommentsClose CommentsPermalink





‘(M) Section 613(f) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(f)). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) APPLICABLE FUNDING DEFINED- CommentsClose CommentsPermalink





‘(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: CommentsClose CommentsPermalink





‘(i) Part A of title I. CommentsClose CommentsPermalink





‘(ii) Part C of title I. CommentsClose CommentsPermalink





‘(iii) Part D of title I. CommentsClose CommentsPermalink





‘(iv) Part A of title II. CommentsClose CommentsPermalink





‘(v) Part A of title III. CommentsClose CommentsPermalink





‘(vi) Part A of title V. CommentsClose CommentsPermalink





‘(vii) Part A of title VII. CommentsClose CommentsPermalink





‘(viii) Title I ofPublic Law 111-226. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) to reserve, allocate, or spend for required activities; CommentsClose CommentsPermalink





‘(ii) to allot or award to entities eligible to receive such funds; or CommentsClose CommentsPermalink





‘(iii) to use for technical assistance or monitoring. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Rule for Administrative Costs- A State educational agency or a local educational agency may 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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) maintenance of effort; CommentsClose CommentsPermalink





‘(2) use of Federal funds to supplement, not supplant, non-Federal funds; CommentsClose CommentsPermalink





‘(3) comparability of services; CommentsClose CommentsPermalink





‘(4) equitable participation of private school students and teachers; CommentsClose CommentsPermalink





‘(5) applicable civil rights requirements; CommentsClose CommentsPermalink





‘(6) the selection of a school attendance area or schools or schools under subsections (a) and (b), and allocations to such areas or schools under subsection (c), of section 1113; CommentsClose CommentsPermalink





‘(67) section 1111; CommentsClose CommentsPermalink





‘(78) section 1116; or CommentsClose CommentsPermalink





‘(89) section 3122.’. CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the items relating to subpart 2 of part A of title VI and inserting the following: CommentsClose CommentsPermalink

‘sSubpart 2--funding flexibility for state and local educational aFunding Flexibility for State and Local Educational Agencies

‘Sec. 6121. PurposShort title. CommentsClose CommentsPermalink





‘Sec. 6122. Purpose. CommentsClose CommentsPermalink





‘Sec. 6123. Flexibility to use Federal funds.’. CommentsClose CommentsPermalink

Union Calendar No. 119CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2445CommentsClose CommentsPermalink

[Report No. 112-180]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Elementary and Secondary Education Act of 1965 to provide States and local educational agencies with maximum flexibility in using Federal funds provided under such Act, and for other purposes.CommentsClose CommentsPermalink

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July 25, 2011CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink