Make Education Local Act of 2021
This bill creates a framework under which states may receive federal elementary and secondary education funds on a consolidated basis and use such funds for any educational purpose permitted by state law.
Specifically, the bill permits each state to submit to the Department of Education a state management decision that, among other requirements, describes how the state will address persistently failing public schools. The bill defines state management decision as a state decision to assume full management responsibility for the expenditure of federal funds to advance the educational policy of the state. The duration of a state management decision shall be between 5 and 10 years.
Additionally, each state that operates under a state management decision must establish an accountability system that focuses on the academic achievement of students and includes a system for evaluating the academic achievement and progress of students.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 557 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 557
To allow a State to submit a State management decision to the Secretary
of Education to combine certain funds to improve the academic
achievement of students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mrs. Lesko (for herself, Mr. Gosar, Mr. Biggs, and Mr. Schweikert)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To allow a State to submit a State management decision to the Secretary
of Education to combine certain funds to improve the academic
achievement of students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Make Education
Local Act of 2021''.
(b) Purpose.--The purposes of this Act are as follows:
(1) To give States and local communities added flexibility
and control to determine how to improve academic achievement
and implement education policy.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public and to parents for advancing the academic
achievement of all students, especially disadvantaged children.
(c) Definitions.--
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Other terms.--In this Act:
(A) Accountability.--The term ``accountability''
means that public schools are answerable to parents and
other taxpayers for the use of public funds and shall
report student academic progress to parents and
taxpayers regularly.
(B) State.--The term ``State'' has the meaning
given such term in section 1122(e) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6332(e)).
(C) State management decision.--The term ``State
management decision'' means a decision by a State, as
determined by State Authorizing Officials or by
referendum, to assume full management responsibility
for the expenditure of Federal funds for certain
eligible programs for the purpose of advancing, on a
more comprehensive and effective basis, the educational
policy of such State.
(D) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who
shall authorize the submission of a State management
decision, and any amendments thereto, on behalf of the
State. Such officials shall include not less than two
of the following:
(i) The Governor of the State.
(ii) The highest elected education official
of the State, if any.
(iii) The legislature of the State.
(E) State designated officer.--The term ``State
Designated Officer'' means the person designated by the
State Authorizing Officials to submit to the Secretary,
on behalf of the State, a State management decision,
and any amendments thereto, and to function as the
point-of-contact for the State for the Secretary and
others relating to any responsibilities arising under
this Act.
SEC. 2. STATE MANAGEMENT DECISION.
(a) In General.--Each State is authorized to submit to the
Secretary a State management decision permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State management decision of the State any program for
which Congress makes funds available to the State if the
program is for a purpose described in the Elementary and
Education Secondary Act of 1965 (20 U.S.C. 6301). A State may
not include any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a State management decision under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a State management decision.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a State management
decision under this Act may modify or eliminate State fiscal
and accounting barriers that prevent local educational agencies
and schools from easily consolidating funds from other eligible
Federal, State, and local sources in order to improve
educational opportunities and reduce unnecessary fiscal and
accounting requirements.
(c) Contents of Decision.--Each State management decision shall
contain--
(1) a list of eligible programs that are subject to the
State management decision;
(2) an assurance that the submission of the State
management decision has been authorized by the State
Authorizing Officials, specifying the identity of the State
Designated Officer;
(3) the duration of the State management decision;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
State management decision and in consolidating and using the
funds under the State management decision;
(6) an assurance that in implementing the State management
decision the State will seek to advance educational
opportunities for the disadvantaged;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State;
(8) an assurance that in implementing the State management
decision, the State will seek to use Federal funds to
supplement, rather than supplant, State education funding; and
(9) a description of how the State will address
persistently failing public schools.
(d) Minimum Duration.--The duration of the State management
decision shall--
(1) be greater than or equal to 5 years; and
(2) be less than or equal to 10 years.
(e) Review, Implementation, and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the State
management decision received from the State Designated Officer
not more than 60 days after the date of receipt of such
decision, and shall approve, with respect to permitting the
State to receive the funds described in subsection (a), such
State management decision unless the State management decision
fails to meet the requirements under subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the State management decision, as submitted, shall be
deemed to be approved.
(f) Amendment to State Management Decision.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a State
management decision that is in effect. Such amendments shall be
submitted to the Secretary and considered by the Secretary in
accordance with subsection (e).
(2) Amendments authorized.--A State management decision
that is in effect may be amended to--
(A) expand the scope of such State management
decision to encompass additional eligible programs;
(B) reduce the scope of such State management
decision by excluding coverage of a Federal program
included in the original State management decision;
(C) modify the duration of such State management
decision; or
(D) achieve such other modifications as the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the State management decision by the proposed
amendment.
(4) Treatment of program funds withdrawn from state
management decision.--Beginning on the effective date of an
amendment executed under paragraph (2)(B), each program
requirement of each program removed from the State management
decision shall apply to the State's use of funds made available
under the program.
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a State management
decision under this Act shall inform parents and the general public
regarding the student achievement assessment system, demonstrating
student progress relative to the State's determination of student
proficiency, as described in paragraph (2), for the purpose of public
accountability to parents and taxpayers.
(b) Accountability System.--
(1) In general.--The State shall determine and establish an
accountability system to ensure accountability under this Act.
(2) Academic achievement.--Any accountability system
established by a State pursuant to paragraph (1) shall--
(A) be focused on the academic achievement of
students; and
(B) include a system, as determined by the State,
of evaluating the academic achievement and progress of
students.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the State management decision, and annually
thereafter, a State shall, in a format acceptable to such State,
disseminate widely to parents and the general public a report that
describes student progress. The report shall include--
(1) student performance data disaggregated by various
student groups, as determined by the State;
(2) a description of other high-quality school options
available to parents in the State; and
(3) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities.
SEC. 4. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a State management decision may expend for
administrative expenses shall be limited to 1 percent of the aggregate
amount of Federal funds made available to the State through the
eligible programs included within the scope of such State management
decision.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
State management decision does not include within its scope part A of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), the amount spent by the State on administrative
expenses shall be limited to 3 percent of the aggregate amount of
Federal funds made available to the State pursuant to such State
management decision.
SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a State
management decision under this Act shall provide for the participation
of private school children and teachers in the activities assisted
under the State management decision in the same manner as participation
is provided to private school children and teachers under section 8501
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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