I 

113TH CONGRESS 

1ST SESSION H. R. 2456 

To allow a State to submit a declaration of intent to the Secretary of 

Education to combine certain funds to improve the academic achievement 

of students. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2013 

Mr. BISHOP of Utah (for himself, Mr. DUNCAN of South Carolina, Mr. JONES, 

Mr. AMODEI, Mr. LANKFORD, Mr. STUTZMAN, Mr. WALDEN, Mr. WILSON of South Carolina, Mr. HUIZENGA of Michigan, Mr. NUNNELEE, Mr. 

CHABOT, Mr. POE of Texas, Mr. ISSA, Mr. SESSIONS, Mr. GOSAR, Mr. 

GARDNER, Mr. PITTENGER, Mr. LABRADOR, Mr. MCHENRY, Mr. 

KINZINGER of Illinois, Mr. RYAN of Wisconsin, and Mr. GINGREY of 

Georgia) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To allow a State to submit a declaration of intent to the 

Secretary of Education to combine certain funds to improve the academic achievement of students. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PURPOSE; 

2 DEFINITIONS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Academic Partnerships Lead Us to Success Act’’ or the 

5 ‘‘A PLUS Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents; purpose; definitions. 

Sec. 2. Declaration of intent. 

Sec. 3. Transparency for results of public education. 

Sec. 4. Maintenance of funding levels spent by States on education. 

Sec. 5. Administrative expenses. 

Sec. 6. Equitable participation of private schools. 

8 (c) PURPOSE.—The purposes of this Act are as fol9 lows: 

10 (1) To give States and local communities max11 imum flexibility to determine how to improve aca12 demic achievement and implement education re13 forms. 

14 (2) To reduce the administrative costs and com15 pliance burden of Federal education programs in 

16 order to focus Federal resources on improving aca17 demic achievement. 

18 (3) To ensure that States and communities are 

19 accountable to the public for advancing the academic 

20 achievement of all students, especially disadvantaged 

21 children. 

22 (d) DEFINITIONS.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided, the terms used in this Act have the meanings 

3 given the terms in section 9101 of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 

5 7801 et seq.). 

6 (2) OTHER TERMS.—In this Act: 

7 (A) ACCOUNTABILITY.—The term ‘‘ac8 countability’’ means that public schools are an9 swerable to parents and other taxpayers for the 

10 use of public funds and shall report student 

11 progress to parents and taxpayers regularly. 

12 (B) DECLARATION OF INTENT.—The term 

13 ‘‘declaration of intent’’ means a decision by a 

14 State, as determined by State Authorizing Offi15 cials or by referendum, to assume full manage16 ment responsibility for the expenditure of Fed17 eral funds for certain eligible programs for the 

18 purpose of advancing, on a more comprehensive 

19 and effective basis, the educational policy of 

20 such State. 

21 (C) STATE.—The term ‘‘State’’ has the 

22 meaning given such term in section 1122(e) of 

23 the Elementary and Secondary Education Act 

24 of 1965 (20 U.S.C. 6332(e)). 


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1 (D) STATE AUTHORIZING OFFICIALS.—The 

2 term ‘‘State Authorizing Officials’’ means the 

3 State officials who shall authorize the submis4 sion of a declaration of intent, and any amend5 ments thereto, on behalf of the State. Such offi6 cials shall include not less than 2 of the fol7 lowing: 

8 (i) The governor of the State. 

9 (ii) The highest elected education offi10 cial of the State, if any. 

11 (iii) The legislature of the State. 

12 (E) STATE DESIGNATED OFFICER.—The 

13 term ‘‘State Designated Officer’’ means the 

14 person designated by the State Authorizing Of15 ficials to submit to the Secretary, on behalf of 

16 the State, a declaration of intent, and any 

17 amendments thereto, and to function as the 

18 point-of-contact for the State for the Secretary 

19 and others relating to any responsibilities aris20 ing under this Act. 

21 SEC. 2. DECLARATION OF INTENT. 

22 (a) IN GENERAL.—Each State is authorized to sub23 mit to the Secretary a declaration of intent permitting the 

24 State to receive Federal funds on a consolidated basis to 


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1 manage the expenditure of such funds to advance the edu2 cational policy of the State. 

3 (b) PROGRAMS ELIGIBLE FOR CONSOLIDATION AND

4 PERMISSIBLE USE OF FUNDS.— 

5 (1) SCOPE.—A State may choose to include 

6 within the scope of the State’s declaration of intent 

7 any program for which Congress makes funds avail8 able to the State if the program is for a purpose de9 scribed in the Elementary and Education Secondary 

10 Act of 1965 (20 U.S.C. 6301). A State may not in11 clude any program funded pursuant to the Individ12 uals with Disabilities Education Act (20 U.S.C. 

13 1400 et seq.). 

14 (2) USES OF FUNDS.—Funds made available to 

15 a State pursuant to a declaration of intent under 

16 this Act shall be used for any educational purpose 

17 permitted by State law of the State submitting a 

18 declaration of intent. 

19 (c) CONTENTS OF DECLARATION.—Each declaration 

20 of intent shall contain— 

21 (1) a list of eligible programs that are subject 

22 to the declaration of intent; 

23 (2) an assurance that the submission of the 

24 declaration of intent has been authorized by the 


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1 State Authorizing Officials, specifying the identity of 

2 the State Designated Officer; 

3 (3) the duration of the declaration of intent; 

4 (4) an assurance that the State will use fiscal 

5 control and fund accounting procedures; 

6 (5) an assurance that the State will meet the 

7 requirements of applicable Federal civil rights laws 

8 in carrying out the declaration of intent and in con9 solidating and using the funds under the declaration 

10 of intent; 

11 (6) an assurance that in implementing the dec12 laration of intent the State will seek to advance edu13 cational opportunities for the disadvantaged; and 

14 (7) a description of the plan for maintaining di15 rect accountability to parents and other citizens of 

16 the State. 

17 (d) DURATION.—The duration of the declaration of 

18 intent shall not exceed 5 years. 

19 (e) REVIEW AND RECOGNITION BY THE SEC20 RETARY.— 

21 (1) IN GENERAL.—The Secretary shall review 

22 the declaration of intent received from the State 

23 Designated Officer not more than 60 days after the 

24 date of receipt of such declaration, and shall recog25 nize such declaration of intent unless the declaration 


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1 of intent fails to meet the requirements under sub2 section (c). 

3 (2) RECOGNITION BY OPERATION OF LAW.—If 

4 the Secretary fails to take action within the time 

5 specified in paragraph (1), the declaration of intent, 

6 as submitted, shall be deemed to be approved. 

7 (f) AMENDMENT TO DECLARATION OF INTENT.— 

8 (1) IN GENERAL.—The State Authorizing Offi9 cials may direct the State Designated Officer to sub10 mit amendments to a declaration of intent that is in 

11 effect. Such amendments shall be submitted to the 

12 Secretary and considered by the Secretary in accord13 ance with subsection (e). 

14 (2) AMENDMENTS AUTHORIZED.—A declaration 

15 of intent that is in effect may be amended to— 

16 (A) expand the scope of such declaration of 

17 intent to encompass additional eligible pro18 grams; 

19 (B) reduce the scope of such declaration of 

20 intent by excluding coverage of a Federal pro21 gram included in the original declaration of in22 tent; 

23 (C) modify the duration of such declara24 tion of intent; or 


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1 (D) such other modifications that the 

2 State Authorizing Officials deem appropriate. 

3 (3) EFFECTIVE DATE.—The amendment shall 

4 specify an effective date. Such effective date shall 

5 provide adequate time to assure full compliance with 

6 Federal program requirements relating to an eligible 

7 program that has been removed from the coverage of 

8 the declaration of intent by the proposed amend9 ment. 

10 (4) TREATMENT OF PROGRAM FUNDS WITH11 DRAWN FROM DECLARATION OF INTENT.—Begin12 ning on the effective date of an amendment executed 

13 under paragraph (2)(B), each program requirement 

14 of each program removed from the declaration of in15 tent shall apply to the State’s use of funds made 

16 available under the program. 

17 SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDU18 CATION. 

19 (a) IN GENERAL.— 

20 (1) INFORMING THE PUBLIC ABOUT ASSESS21 MENT AND PROFICIENCY.—Each State operating 

22 under a declaration of intent under this Act shall in23 form parents and the general public regarding the 

24 student achievement assessment system, dem25 onstrating student progress relative to the State’s 


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1 determination of student proficiency, as described in 

2 paragraph (2), for the purpose of accountability. 

3 (2) ASSESSMENT AND STANDARDS.—Each 

4 State operating under a declaration of intent under 

5 this Act shall establish and implement a single sys6 tem of academic standards and academic assess7 ments, including the development of student pro8 ficiency goals. Such State may apply the academic 

9 assessments and standards described under section 

10 1111 of the Elementary and Secondary Education 

11 Act of 1965 (20 U.S.C. 6311) or establish and im12 plement different academic assessments and stand13 ards. 

14 (b) ACCOUNTABILITY SYSTEM.—The State shall de15 termine and establish an accountability system to ensure 

16 accountability under this Act. 

17 (c) REPORT ON STUDENT PROGRESS.—Not later 

18 than 1 year after the effective date of the declaration of 

19 intent, and annually thereafter, a State shall disseminate 

20 widely to parents and the general public a report that de21 scribes student progress. The report shall include— 

22 (1) student performance data disaggregated in 

23 the same manner as data are disaggregated under 

24 section 1111(b)(3)(C)(xiii) of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 

2 6311(b)(3)(C)(xiii)); and 

3 (2) a description of how the State has used 

4 Federal funds to improve academic achievement, re5 duce achievement disparities between various stu6 dent groups, and improve educational opportunities 

7 for the disadvantaged. 

8 SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY 

9 STATES ON EDUCATION. 

10 (a) IN GENERAL.—For each State consolidating and 

11 using funds pursuant to a declaration of intent under this 

12 Act, for each school year of the declaration of intent, the 

13 aggregate amount of funds spent by the State on elemen14 tary and secondary education shall be not less than 90 

15 percent of the aggregate amount of funds spent by the 

16 State on elementary and secondary education for the 

17 school year that coincides with the date of enactment of 

18 this Act. 

19 (b) EXCEPTION.— 

20 (1) STATE WAIVER CLAIM.—The requirement of 

21 subsection (a) may be waived by the State Author22 izing Officials if the State having a declaration of in23 tent in effect makes a determination, supported by 

24 specific findings, that uncontrollable or exceptional 

25 circumstances, such as a natural disaster or extreme 


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1 contraction of economic activity, preclude compliance 

2 for a specified period, which may be extended. Such 

3 determination shall be presented to the Secretary by 

4 the State Designated Officer. 

5 (2) ACTION BY THE SECRETARY.—The Sec6 retary shall accept the State’s waiver, as described 

7 in paragraph (1), if the State has presented evidence 

8 to support such waiver. The Secretary shall review 

9 the waiver received from the State Designated Offi10 cer not more than 60 days after the date of receipt. 

11 If the Secretary fails to take action within that time 

12 frame, the waiver, as submitted, shall be deemed to 

13 be approved. 

14 SEC. 5. ADMINISTRATIVE EXPENSES. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), the amount that a State with a declaration of intent 

17 may expend for administrative expenses shall be limited 

18 to 1 percent of the aggregate amount of Federal funds 

19 made available to the State through the eligible programs 

20 included within the scope of such declaration of intent. 

21 (b) STATES NOT CONSOLIDATING FUNDS UNDER

22 PART A OF TITLE I.—If the declaration of intent does 

23 not include within its scope part A of title I of the Elemen24 tary and Secondary Education Act of 1965 (20 U.S.C. 

25 6311 et seq.), the amount spent by the State on adminisVerDate Mar 15 2010 23:34 Jun 24, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2456.IH H2456

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1 trative expenses shall be limited to 3 percent of the aggre2 gate amount of Federal funds made available to the State 

3 pursuant to such declaration of intent. 

4 SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. 

5 Each State consolidating and using funds pursuant 

6 to a declaration of intent under this Act shall provide for 

7 the participation of private school children and teachers 

8 in the activities assisted under the declaration of intent 

9 in the same manner as participation is provided to private 

10 school children and teachers under section 9501 of the El11 ementary and Secondary Education Act of 1965 (20 

12 U.S.C. 7881). 

Æ 


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