Fiscal Fairness Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to condition local educational agency (LEA) receipt of school improvement funds on: (1) an average state and local spending per pupil in each school receiving school improvement funds of at least 97% of such spending per pupil across all of the LEA's schools that are not receiving such funds; and (2) an average state and local spending per pupil in each higher poverty school of at least 97% of such spending per pupil across all lower poverty schools, if the LEA is serving all of its schools under part A.
Allows LEAs to meet such requirement across all schools or among schools serving a particular grade span if they compare schools within no more than three grade spans.
Directs the Inspector General of the Department of Education, in the fourth and fifth years after this Act's enactment, to audit 5 states and 10 LEAs to determine their progress in meeting these requirements.
Requires annual LEA report cards to include certain information on state and local spending per pupil in schools.
Requires states to provide the public with annual up-to-date school-by-school listings of per-pupil state and local spending.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 379 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 379
To amend section 1120A(c) of the Elementary and Secondary Education Act
of 1965 to assure comparability of opportunity for educationally
disadvantaged students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
Mr. Fattah introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend section 1120A(c) of the Elementary and Secondary Education Act
of 1965 to assure comparability of opportunity for educationally
disadvantaged students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Fairness Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To remedy the inequitable distribution of State and
local funds within the areas served by local educational
agencies.
(2) To reinforce the supplementary intent of funds made
available under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), ensuring that
these funds serve their original purpose of subsidizing the
increased costs associated with educating students in
concentrated poverty.
(3) To address the statutory, regulatory, and enforcement
weaknesses that have undermined the role of the comparability
requirement in ensuring comparability within school districts.
(4) To require the inclusion of real teacher salaries in
calculations of per-pupil expenditures.
(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.
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:
``(c) Comparability of Expenditures.--
``(1) In general.--
``(A) Comparable funding in general.--Except as
provided in paragraphs (4) and (5), a local educational
agency may receive funds under this part for a fiscal
year only if, for the preceding fiscal year, the
average expenditure per pupil of State and local funds
in each school served under this part was at least 97
percent of the average expenditure per pupil of State
and local funds across all schools served by the local
educational agency that are not receiving funds under
this part.
``(B) Comparable funding among title i schools.--In
any case where all of the schools served by a local
educational agency receive support under this part,
such agency may receive funds under this part for a
fiscal year only if, for the preceding fiscal year, 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.
``(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--
``(A) such agency has filed with the State
educational agency current school-by-school listing of
per-pupil expenditures of State and local funds for
each school served by the agency for the preceding
fiscal year; and
``(B) the listing described in subparagraph (A)
demonstrates comparability across schools as required
by subparagraph (A) or (B) of paragraph (1).
``(3) Basis.--A local educational agency may meet the
requirements of paragraph (1) across all schools or among
schools serving a particular grade span, if the local
educational agency compares schools within not more than three
grade spans.
``(4) Monitoring.--
``(A) Regulations by secretary.--Not later than 120
days after the date of the enactment of the Fiscal
Fairness Act, the Secretary shall issue regulations
concerning State educational agencies' and local
educational agencies' responsibilities for meeting the
requirements of this subsection.
``(B) Regulations by states.--Not later than 6
months after the date on which the regulations required
under subparagraph (A) are issued, each State
educational agency receiving funds under this part
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.
``(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 receiving
funds under this part shall develop and submit to the
State educational agency a plan, including a timeline
and annual benchmarks, that will ensure comparability
as described in paragraph (1) not later than 3 years
after the date on which such regulations are
distributed. The plan shall be made available to the
public.
``(D) Audit.--In each of the fourth and fifth years
after the date of enactment of the Fiscal Fairness 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.
``(5) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
``(6) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational agency--
``(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;
``(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; and
``(C) may exclude supplemental State or local funds
expended in any school attendance area or school for
programs that meet the intent and purpose of this part.
``(7) No forced transfers.--Nothing in this subsection
shall be construed to require the forced or involuntary
transfer of any school personnel in order to comply with
subparagraph (A) or (B) of paragraph (1).
``(8) Comparability as minimum standard.--
``(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.
``(B) Exception.--In the case of a local
educational agency subject to the requirements of
paragraph (1)(B), nothing shall be construed to
discourage the allocation of State and local funds to
any higher poverty schools served by the local
educational agency in excess of 100 percent of the
average per-pupil expenditure in lower poverty schools
served by the agency.
``(9) Public reporting.--
``(A) School report cards.--Beginning with the
first academic year that begins after the date of the
enactment of the 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:
``(i) The average per-pupil expenditures of
State and local funds for the school.
``(ii) The average per-pupil expenditures
of State and local funds for schools in the
local educational agency not served under this
part or, in the case where all schools in a
local educational agency are served under this
part, for lower poverty schools.
``(iii) The mean of average per-pupil
expenditures of State and local funds for all
schools in the State.
``(B) Current school-by-school listing.--Beginning
with the first academic year that begins after the date
of the enactment of the Fiscal Fairness Act and for
each academic year thereafter, the State educational
agency shall make publicly available the most current
school-by-school listings of per-pupil expenditures of
State and local funds submitted by each local
educational agency, as required under paragraph
(2)(A)(i).
``(10) Definitions.--For purposes of this subsection:
``(A) Expenditures.--
``(i) In general.--The term `expenditures'
means--
``(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;
``(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;
``(III) salary expenditures for
noninstructional staff, including
student support staff; and
``(IV) nonpersonnel expenditures
such as--
``(aa) professional
development for teachers and
other staff;
``(bb) instructional
materials and supplies;
``(cc) computers, software,
and other technology;
``(dd) contracted services
such as distance learning, art,
athletics, and technology
services;
``(ee) library books and
media center materials; and
``(ff) such other
expenditures as the Secretary
of Education may require.
``(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.
``(B) Higher poverty school.--The term `higher
poverty school' means a school that is in the highest
three quartiles of schools served by a local
educational agency, based on the percentage of enrolled
students from low-income families.
``(C) Lower poverty school.--The term `lower
poverty school' means a school that is in the lowest
quartile of schools served by a local educational
agency, based on the percentage of enrolled students
from low-income families.''.
<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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