II 

111TH CONGRESS 

1ST SESSION S. 242 

To amend the Elementary and Secondary Education Act of 1965 to specify 

the purposes for which funds provided under part A of title I of that 

Act may be used. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 14, 2009 

Mrs. FEINSTEIN (for herself and Mr. ENSIGN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to specify the purposes for which funds provided 

under part A of title I of that Act may be used. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Title I Education 

5 Funding Integrity Act of 2009’’. 

6 SEC. 2. DIRECT AND INDIRECT INSTRUCTIONAL SERVICES. 

7 Subpart 1 of part A of title I of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 6311 et 

9 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 1120C. DIRECT AND INDIRECT INSTRUCTIONAL SERV2 ICES. 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) USE OF FUNDS.—Notwithstanding any 

5 other provision of this Act, a local educational agen6 cy shall use funds received under this part only for 

7 direct instructional services and indirect instruc8 tional services. 

9 ‘‘(2) LIMITATION ON INDIRECT INSTRUCTIONAL

10 SERVICES.—A local educational agency may use not 

11 more than 10 percent of funds received under this 

12 part for indirect instructional services. 

13 ‘‘(b) INSTRUCTIONAL SERVICES.— 

14 ‘‘(1) DIRECT INSTRUCTIONAL SERVICES.—In 

15 this section, the term ‘direct instructional services’ 

16 means— 

17 ‘‘(A) the implementation of instructional 

18 interventions and corrective actions to improve 

19 student achievement; 

20 ‘‘(B) the extension of academic instruction 

21 beyond the normal school day and year, includ22 ing during summer school; 

23 ‘‘(C) the employment of teachers and other 

24 instructional personnel, including providing 

25 teachers and instructional personnel with em26 ployee benefits; 


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1 ‘‘(D) the provision of instructional services 

2 to prekindergarten children to prepare such 

3 children for the transition to kindergarten; 

4 ‘‘(E) the purchase of instructional re5 sources, such as books, materials, computers, 

6 other instructional equipment, and wiring to 

7 support instructional equipment; 

8 ‘‘(F) the development and administration 

9 of curricula, educational materials, and assess10 ments; 

11 ‘‘(G) the transportation of students to as12 sist the students in improving academic achieve13 ment; 

14 ‘‘(H) the employment of title I coordina15 tors, including providing title I coordinators 

16 with employee benefits; and 

17 ‘‘(I) the provision of professional develop18 ment for teachers and other instructional per19 sonnel. 

20 ‘‘(2) INDIRECT INSTRUCTIONAL SERVICES.—In 

21 this section, the term ‘indirect instructional services’ 

22 includes— 

23 ‘‘(A) the purchase or provision of facilities 

24 maintenance, gardening, landscaping, or jani25 torial services, or the payment of utility costs; 


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1 ‘‘(B) the payment of travel and attendance 

2 costs at conferences or other meetings; 

3 ‘‘(C) the payment of legal services; 

4 ‘‘(D) the payment of business services, in5 cluding payroll, purchasing, accounting, and 

6 data processing costs; and 

7 ‘‘(E) any other services determined appro8 priate by the Secretary that indirectly improve 

9 student achievement.’’. 

Æ 


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