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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1351

To allow a State to combine certain funds and enter into a performance 
   agreement with the Secretary of Education to improve the academic 
                        achievement of students.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

 Mr. DeMint (for himself, Mr. Brownback, Mr. Bunning, Mr. Coburn, Mr. 
   Cornyn, Mr. Grassley, Mr. Inhofe, and Mr. Vitter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To allow a State to combine certain funds and enter into a performance 
   agreement with the Secretary of Education 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; TABLE OF CONTENTS; PURPOSES; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Academic 
Partnerships Lead Us to Success Act'' or the ``A PLUS Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; purposes; definitions.
Sec. 2. Performance agreements.
Sec. 3. Programs eligible for consolidation and permissible use of 
                            funds.
Sec. 4. Maintenance of academic performance standards; accountability 
                            system.
Sec. 5. Maintenance of funding levels spent by States on education.
Sec. 6. Administrative expenses.
Sec. 7. Equitable participation of private schools.
Sec. 8. Annual reports.
Sec. 9. Performance review and early termination.
    (c) Purposes.--The purposes of this Act are as follows:
            (1) To give States and local communities maximum 
        flexibility to determine how to boost academic achievement and 
        implement education reforms.
            (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 for advancing the academic achievement of all 
        students, especially disadvantaged children.
    (d) Definitions.--In this Act:
            (1) In general.--Except as otherwise provided, the terms 
        used in this Act have the meanings given the terms in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801 et seq.).
            (2) State.--The term ``State'' has the meaning given the 
        term in section 1122(e) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6332(e)).

SEC. 2. PERFORMANCE AGREEMENTS.

    (a) Authority.--In accordance with this Act, the Secretary shall 
enter into performance agreements with States under which, except as 
otherwise provided in this Act, States may consolidate and use funds 
pursuant to section 3.
    (b) Required Terms of Performance Agreement.--Each performance 
agreement entered into by the Secretary under this Act shall include 
the following:
            (1) Duration.--The performance agreement shall be for a 
        period of 5 years. Such 5-year period shall be determined by 
        the State.
            (2) Application of program requirements.--The performance 
        agreement shall provide that no requirements of any program 
        described in section 3 and included by the State within the 
        scope of the performance agreement shall apply to the State, 
        except as otherwise provided in this Act.
            (3) List of programs.--The performance agreement shall list 
        which of the programs described in section 3 are included 
        within the scope of the performance agreement.
            (4) Use of funds to improve student achievement.--The 
        performance agreement shall contain a 5-year plan describing 
        how the State intends to combine and use the funds from 
        programs included within the scope of the performance agreement 
        to advance the education priorities of the State, improve 
        student academic achievement, and narrow achievement gaps.
            (5) Accountability system.--The performance agreement shall 
        describe an accountability system that meets the requirements 
        of section 4.
            (6) Achievement goals.--
                    (A) Student academic achievement.--The performance 
                agreement shall require the State to demonstrate the 
                State's academic achievement goals and measures to be 
                achieved over the duration of the performance 
                agreement.
                    (B) Consistency of achievement measures.--The 
                performance agreement shall require that the State 
                maintain, at a minimum, the same level of challenging 
                State student academic achievement standards and 
                academic assessments throughout the duration of the 
                performance agreement.
                    (C) Reporting of disaggregated data.--The 
                performance agreement shall require the State to 
                report, in the annual report under section 8, data 
                disaggregated in the same manner as data are 
                disaggregated under section 1111(b)(3)(C)(xiii) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(3)(C)(xiii)).
    (c) Application.--
            (1) In general.--Each State desiring to enter into a 
        performance agreement with the Secretary under this Act shall 
        submit an application to the Secretary at such time, and 
        accompanied by such information, as the Secretary may require.
            (2) Contents.--Each such application shall contain--
                    (A) a proposed performance agreement;
                    (B) a description of the State's accountability 
                system for the proposed performance agreement as 
                described in section 4;
                    (C) an assurance that the State will use fiscal 
                control and fund accounting procedures;
                    (D) an assurance that the State will continue to 
                pursue the goal of improving educational opportunities 
                for the disadvantaged; and
                    (E) an assurance that not less than 2 of the 
                following approved the proposed performance agreement:
                            (i) The Governor of the State.
                            (ii) The State legislature.
                            (iii) The State educational agency.
    (d) Approval of Performance Agreement.--
            (1) In general.--Not later than 60 days after the receipt 
        of a proposed performance agreement submitted by a State, the 
        Secretary shall approve the performance agreement or provide 
        the State with a written determination that the performance 
        agreement fails to satisfy a requirement of this Act.
            (2) Treatment as approved.--Each performance agreement for 
        which the Secretary fails to take the action required in 
        paragraph (1) in the time period described in such paragraph 
        shall be considered to be approved.
            (3) Requirement to execute approved agreements.--In 
        accordance with this Act, the Secretary shall enter into each 
        performance agreement approved under this subsection.
            (4) Disapproval of performance agreement.--If the State's 
        performance agreement is disapproved, then the State shall have 
        30 days to resubmit a revised performance agreement. The 
        Secretary shall approve the revised performance agreement 
        within 30 days of receipt of the revised performance agreement 
        or provide the State with a written determination that the 
        revised performance agreement fails to satisfy a requirement of 
        this Act.
    (e) Civil Rights.--The Secretary may not enter into a performance 
agreement with a State under this section unless the performance 
agreement contains an assurance that the State will meet the 
requirements of applicable Federal civil rights laws in carrying out 
the performance agreement and in consolidating and using the funds 
under the performance agreement.
    (f) Amendment to Performance Agreement.--
            (1) In general.--In each of the following circumstances, 
        the Secretary, subject to approval under paragraph (2), shall 
        agree to amend a performance agreement entered into with a 
        State under this Act:
                    (A) Reduction in scope of performance agreement.--A 
                State seeks to amend the performance agreement to 
                remove from the scope of the performance agreement any 
                program described in section 3.
                    (B) Expansion of scope of performance agreement.--A 
                State seeks to amend the performance agreement to 
                include within the scope of the performance agreement 
                any additional program described in section 3 or any 
                additional measure of accountability for which the 
                State will be held accountable.
            (2) Approval of amendment.--
                    (A) In general.--Not later than 60 days after the 
                receipt of a proposed performance agreement amendment 
                submitted by a State, the Secretary shall approve the 
                amendment or provide the State with a written 
                determination that the amendment fails to satisfy a 
                requirement of this Act.
                    (B) Treatment as approved.--Each amendment for 
                which the Secretary fails to take the action required 
                in subparagraph (A) in the time period described in 
                such subparagraph shall be considered to be approved.
            (3) Treatment of program funds withdrawn from agreement.--
        Beginning on the effective date of an amendment executed under 
        paragraph (1)(A), each program requirement of each program 
        removed from the scope of a performance agreement shall apply 
        to the State's use of funds made available under the program.

SEC. 3. PROGRAMS ELIGIBLE FOR CONSOLIDATION AND PERMISSIBLE USE OF 
              FUNDS.

    (a) Scope.--A State may choose to include within the scope of its 
performance agreement any program for which Congress makes funds 
available to the State if the program is for a purpose described in 
section 1001 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301).
    (b) Uses of Funds.--Funds made available to a State pursuant to a 
performance agreement under this Act shall be used for any educational 
purpose permitted by State law of the State participating in the 
performance agreement.

SEC. 4. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS; ACCOUNTABILITY 
              SYSTEM.

    Each State consolidating and using funds under this Act shall 
demonstrate an accountability system for the State's performance 
agreement. The accountability system shall--
            (1) utilize the State's adequate yearly progress 
        determination under section 1111(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b)); or
            (2) utilize another measure of annual student progress 
        relative to the State's determination of student proficiency, 
        if such measure--
                    (A) is used for the entire 5-year duration of the 
                performance agreement; and
                    (B) provides student achievement data--
                            (i) in terms of individual student progress 
                        over time; or
                            (ii) in a comparison assessment.

SEC. 5. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION.

    For each State consolidating and using funds pursuant to a 
performance agreement under this Act, for each school year of the 
performance agreement, the aggregate amount of funds spent by the State 
on elementary and secondary education shall be not less than 90 percent 
of the aggregate amount of funds spent by the State on elementary and 
secondary education for the school year that coincides with the date of 
enactment of this Act. If a State demonstrates that exceptional or 
uncontrollable circumstances, such as a natural disaster or a 
precipitous and unforeseen decline in the financial resources of the 
State, prevent the State from complying with the preceding sentence, 
the Secretary shall waive the applicability of the preceding sentence 
to the State.

SEC. 6. ADMINISTRATIVE EXPENSES.

    (a) States Consolidating Funds Under Part A of Title I.--Each State 
that includes part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) within the scope of a 
performance agreement under this Act may use, for administrative 
expenses, not more than 1 percent of the total amount of funds made 
available to the State under the programs included within the scope of 
the performance agreement.
    (b) States Not Consolidating Funds Under Part A of Title I.--Each 
State that does not include part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) within the 
scope of a performance agreement under this Act may use, for 
administrative expenses, not more than 3 percent of the total amount of 
funds made available to the State under the programs included within 
the scope of the performance agreement.

SEC. 7. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

    Each State consolidating and using funds pursuant to a performance 
agreement under this Act shall provide for the participation of private 
school children and teachers in the activities assisted under the 
performance agreement in the same manner as participation is provided 
to private school children and teachers under section 9501 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

SEC. 8. ANNUAL REPORTS.

    (a) In General.--Not later than 1 year after the execution of the 
performance agreement, and annually thereafter, each State shall 
disseminate widely to the parents, the general public, and the 
Secretary, a report that includes--
            (1) student performance data disaggregated in the same 
        manner as data are disaggregated under section 
        1111(b)(3)(C)(xiii) of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)); and
            (2) a description of how the State has used Federal funds 
        to improve academic achievement, narrow the achievement gap, 
        and improve educational opportunities for the disadvantaged.
    (b) Submission to Congress.--Not later than 60 days after the 
Secretary receives a report under subsection (a), the Secretary shall 
submit such report to Congress, together with any other information the 
Secretary considers appropriate.

SEC. 9. PERFORMANCE REVIEW AND EARLY TERMINATION.

    (a) Review.--For each State having in effect a performance 
agreement under this Act, the Secretary shall carry out a review of the 
performance agreement, at the midpoint of the duration of the 
performance agreement, in order to determine whether the State has met 
the terms of the performance agreement described in section 2.
    (b) Early Termination.--The Secretary may terminate a performance 
agreement, before the duration of that performance agreement expires, 
if the State does not, for 3 consecutive school years, meet the terms 
of the performance agreement described in section 2.
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