Union Calendar No. 221

106TH CONGRESS

1ST SESSION H. R. 2300

[Report No. 106–386]

A BILL

To allow a State to combine certain funds to improve the academic achievement of all its students.

OCTOBER 15, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed
IB

Union Calendar No. 221

106TH CONGRESS

1ST SESSION H. R. 2300

[Report No. 106–386]

To allow a State to combine certain funds to improve the academic

achievement of all its students.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1999

Mr. GOODLING (for himself, Mr. HASTERT, Mr. ARMEY, Mr. DELAY, Mr.

WATTS of Oklahoma, Mr. CASTLE, Mr. HOEKSTRA, Mr. BALLENGER, Mr.

MCKEON, Mr. BOEHNER, Mr. SCHAFFER, Mr. NORWOOD, Mr.

HILLEARY, Mr. DEAL of Georgia, Mr. FLETCHER, Mr. TANCREDO, Mr.

DEMINT, Mr. TALENT, Mr. GRAHAM, Mr. SALMON, Mr. PETRI, Mr.

MCINTOSH, Mr. GREENWOOD, Mr. SAM JOHNSON of Texas, Mrs.

NORTHUP, Ms. PRYCE of Ohio, Ms. GRANGER, Mr. MILLER of Florida,

Mr. SESSIONS, Mr. FRANKS of New Jersey, Ms. DUNN, Mrs. MYRICK,

Mr. BAKER, Mr. METCALF, Mr. HILL of Montana, Mr. PITTS, Mr.

SUNUNU, Mr. HERGER, Mr. HEFLEY, Mr. HASTINGS of Washington, Mr.

BARTLETT of Maryland, Mr. DOOLITTLE, Mr. BLILEY, Mr. GARY MILLER of California, Mr. MCINNIS, Mr. BACHUS, Mr. BLUNT, Mr. STUMP,

Mr. FORBES, Mr. SMITH of Michigan, Mr. DICKEY, Mr. PETERSON of

Pennsylvania, Mr. LEWIS of Kentucky, Mr. HALL of Texas, Mr. HAYES,

Mr. CANNON, Mr. SMITH of New Jersey, Mr. SHAYS, Mr. PORTMAN, Mr.

PACKARD, Mr. ROYCE, Mr. KNOLLENBERG, Mr. EWING, Mr. COOK, Mr.

POMBO, Mr. TERRY, Mr. CHAMBLISS, and Mr. HOSTETTLER) introduced

the following bill; which was referred to the Committee on Education and

the Workforce

OCTOBER 15, 1999

Additional sponsors: Mrs. CHENOWETH-HAGE, Mrs. EMERSON, Mr. REGULA,

Mr. CUNNINGHAM, Mr. ADERHOLT, Mr. BARR of Georgia, Mr. COBURN,

Mr. WELDON of Pennsylvania, Mr. FOSSELLA, Mr. ISAKSON, Mrs. ROUKEMA, Mr. SOUDER, Mr. SWEENEY, Mr. GREEN of Wisconsin, Mrs.

BONO, Mr. BARTON of Texas, Mr. SENSENBRENNER, Mr. KING, Mr.

HAYWORTH, Mr. WOLF, Mr. COLLINS, Mr. DREIER, Mrs. FOWLER, Mr.

STEARNS, Mr. NETHERCUTT, Mr. WELDON of Florida, Mr. KINGSTON,
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Mr. COX, Mr. LUCAS of Oklahoma, Mrs. WILSON, Mr. THORNBERRY, Mr.

WICKER, Mr. RYUN of Kansas, Mr. HUNTER, Mr. BRADY of Texas, Mr.

CANADY of Florida, Mr. LEWIS of California, Mr. NUSSLE, Mr. SMITH

of Texas, Mr. OSE, Mrs. CUBIN, Mr. RADANOVICH, Mr. HYDE, Mr.

SPENCE, Mr. GILLMOR, Mr. BURTON of Indiana, Mr. SHIMKUS, Mr. LINDER, Mr. VITTER, Mr. LARGENT, Mr. TIAHRT, Mr. UPTON, Mr.

BONILLA, Mr. TOOMEY, Mr. KOLBE, Mr. GIBBONS, Mr. GOSS, Mr.

CHABOT, Mr. SHADEGG, Mr. GOODLATTE, and Mr. OXLEY

OCTOBER 15, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 22, 1999]

A BILL

To allow a State to combine certain funds to improve the

academic achievement of all its students.

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 ‘‘Academic Achievement

5 for All Act (Straight A’s Act)’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to create options for States

8 and communities—

9 (1) to improve the academic achievement of all

10 students, and to focus the resources of the Federal

11 Government upon such achievement;

12 (2) to improve teacher quality and subject mat13 ter mastery, especially in math, reading, and science;
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1 (3) to empower parents and schools to effectively

2 address the needs of their children and students;

3 (4) to give States and communities maximum

4 freedom in determining how to boost academic

5 achievement and implement education reforms;

6 (5) to eliminate Federal barriers to imple7 menting effective State and local education programs;

8 (6) to hold States and communities accountable

9 for boosting the academic achievement of all students,

10 especially disadvantaged children; and

11 (7) to narrow achievement gaps between the low12 est and highest performing groups of students so that

13 no child is left behind.

14 SEC. 3. PERFORMANCE AGREEMENT.

15 (a) PROGRAM AUTHORIZED.—A State may, at its op16 tion, execute a performance agreement with the Secretary

17 under which the provisions of law described in section 4(a)

18 shall not apply to such State except as otherwise provided

19 in this Act.

20 (b) LOCAL INPUT.—States shall provide parents,

21 teachers, and local schools and districts notice and oppor22 tunity to comment on any proposed performance agreement

23 prior to submission to the Secretary as provided under gen24 eral State law notice and comment provisions.
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1 (c) APPROVAL OF PERFORMANCE AGREEMENT.—A

2 performance agreement submitted to the Secretary under

3 this section shall be considered as approved by the Secretary

4 within 60 days after receipt of the performance agreement

5 unless the Secretary provides a written determination to

6 the State that the performance agreement fails to satisfy

7 the requirements of this Act before the expiration of the 60-

8 day period.

9 (d) TERMS OF PERFORMANCE AGREEMENT.—Each

10 performance agreement executed pursuant to this Act shall

11 include the following provisions:

12 (1) TERM.—A statement that the term of the per13 formance agreement shall be 5 years.

14 (2) APPLICATION OF PROGRAM REQUIRE15 MENTS.—A statement that no program requirements

16 of any program included by the State in the perform17 ance agreement shall apply, except as otherwise pro18 vided in this Act.

19 (3) LIST.—A list provided by the State of the

20 programs that it wishes to include in the performance

21 agreement.

22 (4) USE OF FUNDS TO IMPROVE STUDENT

23 ACHIEVEMENT.—A 5-year plan describing how the

24 State intends to combine and use the funds from pro25 grams included in the performance agreement to ad-
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1 vance the education priorities of the State, improve

2 student achievement, and narrow achievement gaps

3 between students.

4 (5) ACCOUNTABILITY REQUIREMENTS.—If a

5 State includes any part of title I of the Elementary

6 and Secondary Education Act of 1965 in its perform7 ance agreement, the State shall include a certification

8 that the State has done the following:

9 (A)(i) developed and implemented the chal10 lenging State content standards, challenging

11 State student performance standards, and

12 aligned assessments described in section 1111(b)

13 of the Elementary and Secondary Education Act

14 of 1965; or

15 (ii) developed and implemented a system to

16 measure the degree of change from one school

17 year to the next in student performance;

18 (B) developed and is implementing a state19 wide accountability system that has been or is

20 reasonably expected to be effective in substan21 tially increasing the numbers and percentages of

22 all students who meet the State’s proficient and

23 advanced levels of performance;

24 (C) established a system under which assess25 ment information may be disaggregated within
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1 each State, local educational agency, and school

2 by each major racial and ethnic group, gender,

3 English proficiency status, migrant status, and

4 by economically disadvantaged students as com5 pared to students who are not economically dis6 advantaged (except that such disaggregation

7 shall not be required in cases in which the num8 ber of students in any such group is insufficient

9 to yield statistically reliable information or

10 would reveal the identity of an individual stu11 dent);

12 (D) established specific, measurable, numer13 ical performance objectives for student achieve14 ment, including a definition of performance con15 sidered to be proficient by the State on the aca16 demic assessment instruments described under

17 subparagraph (A);

18 (E) developed and implemented a statewide

19 system for holding its local educational agencies

20 and schools accountable for student performance

21 that includes—

22 (i) a procedure for identifying local

23 educational agencies and schools in need of

24 improvement, using the assessments de25 scribed under subparagraph (A);
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1 (ii) assisting and building capacity in

2 local educational agencies and schools iden3 tified as in need of improvement to improve

4 teaching and learning; and

5 (iii) implementing corrective actions

6 after no more than 3 years if the assistance

7 and capacity building under clause (ii) is

8 not effective.

9 (6) PERFORMANCE GOALS.—

10 (A) STUDENT ACADEMIC ACHIEVEMENT.—

11 Each State shall establish annual student per12 formance goals for the 5-year term of the per13 formance agreement that, at a minimum—

14 (i) establish a single high standard of

15 performance for all students;

16 (ii) take into account the progress of

17 students from every local educational agen18 cy and school in the State;

19 (iii) are based primarily on the State’s

20 challenging content and student perform21 ance standards and assessments described

22 under paragraph (5)(A);

23 (iv) include specific annual improve24 ment goals in each subject and grade in25 cluded in the State assessment system,
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1 which must include, at a minimum, read2 ing or language arts and math;

3 (v) compares the proportions of stu4 dents at the ‘‘basic’’, ‘‘proficient’’, and ‘‘ad5 vanced’’ levels of performance (as defined by

6 the State) with the proportions of students

7 at each of the 3 levels in the same grade in

8 the previous school year;

9 (vi) includes annual numerical goals

10 for improving the performance of each

11 group specified in paragraph (5)(C) and

12 narrowing gaps in performance between the

13 highest and lowest performing students in

14 accordance with section 10(b); and

15 (vii) requires all students in the State

16 to make substantial gains in achievement.

17 (B) ADDITIONAL INDICATORS OF PERFORM18 ANCE.—A State may identify in the performance

19 agreement any additional indicators of perform20 ance such as graduation, dropout, or attendance

21 rates.

22 (C) CONSISTENCY OF PERFORMANCE MEAS23 URES.—A State shall maintain, at a minimum,

24 the same level of challenging State student per-
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1 formance standards and assessments throughout

2 the term of the performance agreement.

3 (7) FISCAL RESPONSIBILITIES.—An assurance

4 that the State will use fiscal control and fund ac5 counting procedures that will ensure proper disburse6 ment of, and accounting for, Federal funds paid to

7 the State under this Act.

8 (8) CIVIL RIGHTS.—An assurance that the State

9 will meet the requirements of applicable Federal civil

10 rights laws.

11 (9) PRIVATE SCHOOL PARTICIPATION.—

12 (A) EQUITABLE PARTICIPATION.—An assur13 ance that the State will provide for the equitable

14 participation of students and professional staff

15 in private schools.

16 (B) APPLICATION OF BYPASS.—An assur17 ance that sections 14504, 14505, and 14506 of

18 the Elementary and Secondary Education Act of

19 1965 (20 U.S.C. 8894, 8895, and 8896) shall

20 apply to all services and assistance provided

21 under this Act in the same manner as they

22 apply to services and assistance provided in ac23 cordance with section 14503 of such Act.

24 (10) STATE FINANCIAL PARTICIPATION.—An as25 surance that the State will not reduce the level of
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1 spending of State funds for elementary and secondary

2 education during the term of the performance agree3 ment.

4 (11) ANNUAL REPORT.—An assurance that not

5 later than 1 year after the execution of the perform6 ance agreement, and annually thereafter, each State

7 shall disseminate widely to parents and the general

8 public, submit to the Secretary, distribute to print

9 and broadcast media, and post on the Internet, a re10 port that includes—

11 (A) student academic performance data,

12 disaggregated as provided in paragraph (5)(C);

13 and

14 (B) a detailed description of how the State

15 has used Federal funds to improve student aca16 demic performance and reduce achievement gaps

17 to meet the terms of the performance agreement.

18 (e) SPECIAL RULE.—If a State does not include any

19 part of title I of the Elementary and Secondary Education

20 Act of 1965 in its performance agreement, the State shall—

21 (1) certify that it has developed a system to

22 measure the academic performance of all students;

23 and
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1 (2) establish challenging academic performance

2 goals for such other programs using academic assess3 ment data described in paragraph (5).

4 (f) AMENDMENT TO PERFORMANCE AGREEMENT.—A

5 State may submit an amendment to the performance agree6 ment to the Secretary under the following circumstances:

7 (1) REDUCE SCOPE OF PERFORMANCE AGREE8 MENT.—Not later than 1 year after the execution of

9 the performance agreement, a State may amend the

10 performance agreement through a request to withdraw

11 a program from such agreement. If the Secretary ap12 proves the amendment, the requirements of existing

13 law shall apply for any program withdrawn from the

14 performance agreement.

15 (2) EXPAND SCOPE OF PERFORMANCE AGREE16 MENT.—Not later than 1 year after the execution of

17 the performance agreement, a State may amend its

18 performance agreement to include additional pro19 grams and performance indicators for which it will

20 be held accountable.

21 (3) APPROVAL OF AMENDMENT.—An amendment

22 submitted to the Secretary under this subsection shall

23 be considered as approved by the Secretary within 60

24 days after receipt of the amendment unless the Sec25 retary provides a written determination to the State
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1 that the performance agreement if amended by the

2 amendment would fail to satisfy the requirements of

3 this Act, before the expiration of the 60-day period.

4 SEC. 4. ELIGIBLE PROGRAMS.

5 (a) ELIGIBLE PROGRAMS.—The provisions of law re6 ferred to in section 3(a) except as otherwise provided in

7 subsection (b), are as follows:

8 (1) Part A of title I of the Elementary and Sec9 ondary Education Act of 1965.

10 (2) Part B of title I of the Elementary and Sec11 ondary Education Act of 1965.

12 (3) Part C of title I of the Elementary and Sec13 ondary Education Act of 1965.

14 (4) Part D of title I of the Elementary and Sec15 ondary Education Act of 1965.

16 (5) Part B of title II of the Elementary and Sec17 ondary Education Act of 1965.

18 (6) Section 3132 of title III of the Elementary

19 and Secondary Education Act of 1965.

20 (7) Title IV of the Elementary and Secondary

21 Education Act of 1965.

22 (8) Title VI of the Elementary and Secondary

23 Education Act of 1965.

24 (9) Section 307 of the Department of Education

25 Appropriation Act of 1999.
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1 (10) Comprehensive school reform programs as

2 authorized under section 1502 of the Elementary and

3 Secondary Education Act of 1965 and described on

4 pages 96–99 of the Joint Explanatory Statement of

5 the Committee of Conference included in House Re6 port 105–390 (Conference Report on the Departments

7 of Labor, Health and Human Services, and Edu8 cation, and Related Agencies Appropriations Act,

9 1998).

10 (11) Part C of title VII of the Elementary and

11 Secondary Education Act of 1965.

12 (12) Title III of the Goals 2000: Educate Amer13 ica Act.

14 (13) Sections 115 and 116, and parts B and C

15 of title I of the Carl D. Perkins Vocational Technical

16 Education Act.

17 (14) Subtitle B of title VII of the Stewart B.

18 McKinney Homeless Assistance Act.

19 (b) ALLOCATIONS TO STATES.—A State may choose to

20 consolidate funds from any or all of the programs described

21 in subsection (a) without regard to the program require22 ments of the provisions referred to in such subsection, except

23 that the proportion of funds made available for national

24 programs and allocations to each State for State and local
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1 use, under such provisions, shall remain in effect unless oth2 erwise provided.

3 (c) USES OF FUNDS.—Funds made available under

4 this Act to a State shall be used for any elementary and

5 secondary educational purposes permitted by State law of

6 the participating State.

7 SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS.

8 (a) IN GENERAL.—The distribution of funds from pro9 grams included in a performance agreement from a State

10 to a local educational agency within the State shall be de11 termined by the Governor of the State and the State legisla12 ture. In a State in which the constitution or State law des13 ignates another individual, entity, or agency to be respon14 sible for education, the allocation of funds from programs

15 included in the performance agreement from a State to a

16 local educational agency within the State shall be deter17 mined by that individual, entity, or agency, in consultation

18 with the Governor and State Legislature. Nothing in this

19 section shall be construed to supersede or modify any provi20 sion of a State constitution or State law.

21 (b) LOCAL INPUT.—States shall provide parents,

22 teachers, and local schools and districts notice and oppor23 tunity to comment on the proposed allocation of funds as

24 provided under general State law notice and comment pro25 visions.
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1 (c) LOCAL HOLD HARMLESS OF PART A TITLE 1

2 FUNDS.—

3 (1) IN GENERAL.—In the case of a State that in4 cludes part A of title I of the Elementary and Sec5 ondary Education Act of 1965 in the performance

6 agreement, the agreement shall provide an assurance

7 that each local educational agency shall receive under

8 the performance agreement an amount equal to or

9 greater than the amount such agency received under

10 part A of title I of such Act in the fiscal year pre11 ceding the fiscal year in which the performance agree12 ment is executed.

13 (2) PROPORTIONATE REDUCTION.—If the amount

14 made available to the State from the Secretary for a

15 fiscal year is insufficient to pay to each local edu16 cational agency the amount made available under

17 part A of title I of the Elementary and Secondary

18 Education Act of 1965 to such agency for the pre19 ceding fiscal year, the State shall reduce the amount

20 each local educational agency receives by a uniform

21 percentage.

22 SEC. 6. LOCAL PARTICIPATION.

23 (a) NONPARTICIPATING STATE.—

24 (1) IN GENERAL.—If a State chooses not to sub25 mit a performance agreement under this Act, any
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1 local educational agency in such State is eligible, at

2 its option, to submit to the Secretary a performance

3 agreement in accordance with this section.

4 (2) AGREEMENT.—The terms of a performance

5 agreement between an eligible local educational agen6 cy and the Secretary shall specify the programs to be

7 included in the performance agreement, as agreed

8 upon by the State and the agency, from the list under

9 section 4(a).

10 (b) STATE APPROVAL.—When submitting a perform11 ance agreement to the Secretary, an eligible local edu12 cational agency described in subsection (a) shall provide

13 written documentation from the State in which such agency

14 is located that it has no objection to the agency’s proposal

15 for a performance agreement.

16 (c) APPLICATION.—

17 (1) IN GENERAL.—Except as provided in this

18 section, and to the extent applicable, the requirements

19 of this Act shall apply to an eligible local educational

20 agency that submits a performance agreement in the

21 same manner as the requirements apply to a State.

22 (2) EXCEPTIONS.—The following provisions shall

23 not apply to an eligible local educational agency:
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1 (A) WITHIN STATE DISTRIBUTION FORMULA

2 NOT APPLICABLE.—The formula for the alloca3 tion of funds under section 5 shall not apply.

4 (B) STATE SET ASIDE SHALL NOT APPLY.—

5 The State set aside for administrative funds in

6 section 7 shall not apply.

7 SEC. 7. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL

8 AGENCY ADMINISTRATIVE EXPENDITURES.

9 (a) IN GENERAL.—Except as otherwise provided under

10 subsection (b), a State that includes part A of title I of

11 the Elementary and Secondary Education Act of 1965 in

12 the performance agreement may use not more than 1 per13 cent of such total amount of funds allocated to such State

14 under the programs included in the performance agreement

15 for administrative purposes.

16 (b) EXCEPTION.—A State that does not include part

17 A of title I of the Elementary and Secondary Education

18 Act of 1965 in the performance agreement may use not more

19 than 3 percent of the total amount of funds allocated to

20 such State under the programs included in the performance

21 agreement for administrative purposes.

22 (c) LOCAL EDUCATIONAL AGENCY.—A local edu23 cational agency participating in this Act under a perform24 ance agreement under section 6 may not use for adminis25 trative purposes more than 4 percent of the total amount
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1 of funds allocated to such agency under the programs in2 cluded in the performance agreement.

3 SEC. 8. PERFORMANCE REVIEW.

4 (a) MID-TERM PERFORMANCE REVIEW.—If, during

5 the 5 year term of the performance agreement, student

6 achievement significantly declines for 3 consecutive years

7 in the academic performance categories established in the

8 performance agreement, the Secretary may, after notice and

9 opportunity for a hearing, terminate the agreement

10 (b) FAILURE TO MEET TERMS.—If at the end of the

11 5-year term of the performance agreement a State has not

12 substantially met the performance goals submitted in the

13 performance agreement, the Secretary shall, after notice and

14 an opportunity for a hearing, terminate the performance

15 agreement and the State shall be required to comply with

16 the program requirements, in effect at the time of termi17 nation, for each program included in the performance

18 agreement.

19 (c) PENALTY FOR FAILURE TO IMPROVE STUDENT

20 PERFORMANCE.—If a State has made no progress toward

21 achieving its performance goals by the end of the term of

22 the agreement, the Secretary may reduce funds for State

23 administrative costs for each program included in the per24 formance agreement by up to 50 percent for each year of
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1 the 2-year period following the end of the term of the per2 formance agreement.

3 SEC. 9. RENEWAL OF PERFORMANCE AGREEMENT.

4 (a) NOTIFICATION.—A State that wishes to renew its

5 performance agreement shall notify the Secretary of its re6 newal request not less than 6 months prior to the end of

7 the term of the performance agreement.

8 (b) RENEWAL REQUIREMENTS.—A State that has met

9 or has substantially met its performance goals submitted

10 in the performance agreement at the end of the 5-year term

11 may reapply to the Secretary to renew its performance

12 agreement for an additional 5-year period. Upon the com13 pletion of the 5-year term of the performance agreement or

14 as soon thereafter as the State submits data required under

15 the agreement, the Secretary shall renew, for an additional

16 5-year term, the performance agreement of any State that

17 has met or has substantially met its performance goals.

18 SEC. 10. ACHIEVEMENT GAP REDUCTION REWARDS.

19 (a) CLOSING THE GAP REWARD FUND.—

20 (1) IN GENERAL.—To reward States that make

21 significant progress in eliminating achievement gaps

22 by raising the achievement levels of the lowest per23 forming students, the Secretary shall set aside suffi24 cient funds from the Fund for the Improvement of

25 Education under part A of title X of the Elementary
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1 and Secondary Education Act of 1965 to grant a re2 ward to States that meet the conditions set forth in

3 subsection (b) by the end of their 5-year performance

4 agreement.

5 (2) REWARD AMOUNT.—The amount of the re6 ward referred to in paragraph (1) shall be not less

7 than 5 percent of funds allocated to the State during

8 the first year of the performance agreement for pro9 grams included in the agreement.

10 (b) CONDITIONS OF PERFORMANCE REWARD.—Subject

11 to paragraph (3), a State is eligible to receive a reward

12 under this section as follows:

13 (1) A State is eligible for such an award if the

14 State reduces by not less than 25 percent, over the 5-

15 year term of the performance agreement, the difference

16 between the percentage of highest and lowest per17 forming groups of students that meet the State’s defi18 nition of ‘‘proficient’’ as referenced in section

19 1111(b)(1)(D)(i)(II) of the Elementary and Sec20 ondary Education Act of 1965.

21 (2) A State is eligible for such an award if a

22 State increases the proportion of 2 or more groups of

23 students under section 3(d)(5)(C) that meet State pro24 ficiency standards by 25 percent.
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1 (3) A State shall receive such an award if the

2 following requirements are met:

3 (A) CONTENT AREAS.—The reduction in the

4 achievement gap or approvement in achievement

5 shall include not less than 2 content areas, one

6 of which shall be mathematics or reading.

7 (B) GRADES TESTED.—The reduction in the

8 achievement gap or improvement in achievement

9 shall occur in at least 2 grade levels.

10 (c) RULE OF CONSTRUCTION.—Student achievement

11 gaps shall not be considered to have been reduced in cir12 cumstances where the average academic performance of the

13 highest performing quintile of students has decreased.

14 SEC. 11. STRAIGHT A’S PERFORMANCE REPORT.

15 The Secretary shall make the annual State reports de16 scribed in section 3 available to the House Committee on

17 Education and the Workforce and the Senate Committee on

18 Health, Education, Labor and Pensions not later than 60

19 days after the Secretary receives the report.

20 SEC. 12. APPLICABILITY OF TITLE XIV OF THE ELEMENTARY

21 AND SECONDARY EDUCATION ACT OF 1965.

22 To the extent that provisions of title XIV of the Ele23 mentary and Secondary Education Act of 1965 are incon24 sistent with this Act, this Act shall be construed as super25 seding such provisions.
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1 SEC. 13. APPLICABILITY OF GENERAL EDUCATION PROVI2 SIONS ACT.

3 To the extent that the provisions of the General Edu4 cation Provisions Act are inconsistent with this Act, this

5 Act shall be construed as superseding such provisions, ex6 cept where relating to civil rights, withholdling of funds and

7 enforcement authority, and family educational and privacy

8 rights.

9 SEC. 14. APPLICABILITY TO HOME SCHOOLS.

10 Nothing in this Act shall be construed to affect home

11 schools whether or not a home school is treated as a private

12 school or home school under State law.

13 SEC. 15. GENERAL PROVISIONS REGARDING NON-RECIPI14 ENT, NON-PUBLIC SCHOOLS.

15 Nothing in this Act shall be construed to permit, allow,

16 encourage, or authorize any Federal control over any aspect

17 of any private, religious, or home school, whether or not

18 a home school is treated as a private school or home school

19 under State law.

20 SEC. 16. DEFINITIONS.

21 For the purpose of this Act:

22 (1) ALL STUDENTS.—The term ‘‘all students’’

23 means all students attending public schools or charter

24 schools that are participating in the State’s account25 ability and assessment system.
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1 (2) ALL SCHOOLS.—The term ‘‘all schools’’

2 means all schools that are participating in the State’s

3 accountability and assessment system.

4 (3) LOCAL EDUCATIONAL AGENCY.—The term

5 ‘‘local educational agency’’ has the same meaning

6 given such term in section 14101 of the Elementary

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

8 8801).

9 (4) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of Education.

11 (5) STATE.—The term ‘‘State’’ means each of the

12 50 States, the District of Columbia, the Common13 wealth of Puerto Rico, Guam, the United States Vir14 gin Islands, the Commonwealth of the Northern Mar15 iana Islands, and American Samoa.