Defending State Authority Over Education Act of 2015
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the Secretary of Education from attempting to influence, incentivize, or coerce a state to participate in a voluntary partnership with another state to develop and implement academic content and achievement standards and assessments.
Prohibits the Secretary from conditioning the approval of a state's, local educational agency's (LEA's), or Indian tribe's request for a waiver of ESEA statutory or regulatory requirements on such an entity: (1) including in, or deleting from, such request, specific academic standards; (2) using specific academic assessment instruments or items; or (3) including in, or deleting from, such waiver request any criteria used to establish, implement, or improve state academic standards, academic assessments, state accountability systems, or teacher and school leader evaluation systems.
Prohibits any federal officer or employee from directly or indirectly mandating, directing, or controlling a state's, LEA's, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction, including through the placement of conditions on financial support.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 755 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 755
To amend the Elementary and Secondary Education Act of 1965 to prohibit
Federal mandates, direction, or control, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2015
Mrs. Roby 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 prohibit
Federal mandates, direction, or control, 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.
This Act may be cited as the ``Defending State Authority Over
Education Act of 2015''.
SEC. 2. VOLUNTARY PARTNERSHIPS.
Section 1111(k) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(k)) is amended by adding at the end the following:
``Except that the Secretary shall not attempt to influence,
incentivize, or coerce State participation in any such partnerships.''.
SEC. 3. SPECIFIC LIMITATIONS.
Section 9401 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7861) is amended--
(1) by redesignating subsections (e), (f), and (g), as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Specific Limitations.--The Secretary shall not require a
State educational agency, local educational agency, or Indian tribe, as
a condition of approval of a waiver request, to--
``(1) include in, or delete from, such request, specific
academic standards;
``(2) use specific academic assessment instruments or
items; or
``(3) include in, or delete from, such waiver request any
criterion that specifies, defines, or prescribes the standards
or measures that a State or local educational agency or Indian
tribe uses to establish, implement, or improve--
``(A) State academic standards;
``(B) academic assessments;
``(C) State accountability systems; or
``(D) teacher and school leader evaluation
systems.''.
SEC. 4. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.
(a) In General.--Subpart 2 of part E of title IX of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended
by inserting after section 9526 the following new section:
``SEC. 9526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--No officer or employee of the Federal Government
shall, directly or indirectly, through grants, contracts, or other
cooperative agreements, mandate, direct, or control a State, local
educational agency, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction, nor shall anything in this Act be construed to authorize
such officer or employee to do so.
``(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants, contracts, or
other cooperative agreements, make financial support available in a
manner that is conditioned upon a State, local educational agency, or
school's adoption of specific instructional content, academic standards
and assessments, curriculum, or program of instruction even if such
requirements are specified in an Act other than this Act, nor shall
anything in this Act be construed to authorize such officer or employee
to do so.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 is amended by inserting after the
item relating to section 9526 the following:
``Sec. 9526A. Prohibition against Federal mandates, direction, or
control.''.
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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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