Relief for Educators To Adjust if Necessary Act or RETAIN Act - Amends part A of title IV (Flexibility and Accountability) of the Elementary and Secondary Education Act of 1965 (ESEA) to replace the existing program under subpart 2 with a new Funding Flexibility for States and High-Need Local Educational Agencies program.
Allows states to use funds that they receive under certain ESEA and Education Jobs Fund programs to provide funds to their high-need local educational agencies (LEAs) to prevent the layoff or termination of teachers or other staff in such LEAs.
Lists the programs from which states may use funds to prevent such layoffs or terminations as:
Allows high-need LEAs to use funds that they receive under certain ESEA and Education Jobs Fund programs to prevent the layoff or termination of teachers or other staff in such LEAs.
Lists the programs from which high-need LEAs may use funds to prevent such layoffs or terminations as:
Prohibits states and high-need LEAs from transferring the funds to such programs if the ESEA requires them to: (1) reserve, allocate, or spend the funds for required activities; (2) provide them to eligible entities; or (3) use them for technical assistance or monitoring.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5546 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5546
To amend the Elementary and Secondary Education Act of 1965 to provide
States and high-need local educational agencies with flexibility in
using Federal funds provided under such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2012
Mr. Baca introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to provide
States and high-need local educational agencies with flexibility in
using Federal funds provided under such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Relief for Educators To Adjust if
Necessary Act'' or the ``RETAIN Act''.
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:
``Subpart 2--Funding Flexibility for States and High-Need Local
Educational Agencies
``SEC. 6121. SHORT TITLE.
``This subpart may be cited as the `State and Local Funding
Flexibility Act'.
``SEC. 6122. PURPOSE.
``The purpose of this subpart is to allow States and high-need
local educational agencies the flexibility to--
``(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
``(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 prevent the layoff or termination of teachers
or other staff.
``SEC. 6123. FLEXIBILITY TO USE FEDERAL FUNDS.
``(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 provide funds to high-need local
educational agencies under the jurisdiction of the State
educational agency to prevent the layoff or termination of
teachers or other staff in such local educational agencies.
``(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 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(g)(2).
``(ii) Section 1004.
``(iii) Subpart I of Part B of title I.
``(iv) Part C of title I.
``(v) Part D of title I.
``(vi) Part A of title II.
``(vii) Part B of title II.
``(viii) Part A of title III.
``(ix) Part B of title IV.
``(x) Part A of title V.
``(xi) Title I of Public Law 111-226.
``(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 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 High-Need Local
Educational Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a high-need local
educational agency may use the applicable funding that the
agency receives for a fiscal year to prevent the layoff or
termination of teachers or other staff in the agency.
``(2) Notification.--A high-local educational agency shall
notify the State educational agency of the local educational
agency's intention to use the applicable funding for 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) Part A of title I.
``(ii) Part C of title I.
``(iii) Part D of title I.
``(iv) Part A of title II.
``(v) Part A of title III.
``(vi) Part A of title V.
``(vii) Part A of title VII.
``(viii) Title I of Public Law 111-226.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that high-need local educational agencies are required
by this Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to 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 high-need 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 high-need 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.
``(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) maintenance of effort;
``(2) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(3) comparability of services;
``(4) equitable participation of private school students
and teachers;
``(5) applicable civil rights requirements;
``(6) the selection of school attendance areas or schools
under subsections (a) and (b), and allocations to such areas or
schools under subsection (c), of section 1113;
``(7) section 1111;
``(8) section 1116; or
``(9) section 3122.
``(e) Definitions.--For purposes of this subpart:
``(1) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) that serves not fewer than 10,000 children
from families with incomes below the poverty line;
``(ii) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line; or
``(iii) which has a teacher-to-student ratio of
1:25; and
``(B)(i) for which there is a high percentage of
teachers not teaching in the academic subjects or grade
levels that the teachers were trained to teach; or
``(ii) for which there is a high percentage of
teachers with emergency, provisional, or temporary
certification or licensing.
``(2) Other staff.--The term `other staff' does not include
administrators or administrative personnel.''.
(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:
``Subpart 2--Funding Flexibility for State and Local Educational
Agencies
``Sec. 6121. Short title.
``Sec. 6122. Purpose.
``Sec. 6123. Flexibility to use Federal funds.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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