I 

113TH CONGRESS 

1ST SESSION H. R. 1386 

To support the local decision-making functions of local educational agencies 

by limiting the authority of the Secretary of Education to issue regulations, rules, grant conditions, and guidance materials, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2013 

Mr. SCHOCK (for himself, Mr. MEEHAN, Mr. VALADAO, Mr. RODNEY DAVIS

of Illinois, and Mr. KIND) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To support the local decision-making functions of local educational agencies by limiting the authority of the Secretary of Education to issue regulations, rules, grant 

conditions, and guidance materials, and for other purposes. 

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 ‘‘Local School Board 

5 Governance and Flexibility Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of the Congress that— 


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1 (1) the responsibility for education resides with 

2 the States, which have delegated to local school 

3 boards the power and authority to adopt policies, es4 tablish priorities, and provide accountability to direct 

5 the operation of neighborhood schools; 

6 (2) local school boards are held accountable by 

7 local voters to represent the interests of students, 

8 parents, local businesses, civic organizations, tax9 payers, and the community at large in determining, 

10 subject to State laws and policies, the direction, val11 ues, climate, and financial support of the schools in 

12 their community; 

13 (3) the vital national interest in local self-gov14 ernance of local educational agencies has been weak15 ened through Department of Education require16 ments that are either unnecessary to achieve the 

17 specific direction of legislation enacted by the Con18 gress, or that impose unnecessary limits on the flexi19 bility needed by local educational agencies in order 

20 to meet local, State, and Federal goals in education; 

21 and 

22 (4) to support the local decisionmaking function 

23 of local educational agencies, the Secretary of Edu24 cation should engage only in issuing regulations, 

25 rules, grant conditions, guidance materials, and 


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1 other requirements under the jurisdiction of the De2 partment that are— 

3 (A) specifically required to implement Fed4 eral legislation, and 

5 (B) demonstrated to be educationally, 

6 operationally, and financially within the capac7 ity of local educational agencies to implement. 

8 SEC. 3. AUTHORITY OF THE SECRETARY. 

9 Unless specifically authorized by Federal law, the 

10 Secretary may not issue a Federal regulation, rule, grant 

11 condition, guidance material, or other requirement per12 taining to a State educational agency or a local edu13 cational agency that— 

14 (1) conflicts with the power and authority of 

15 the local educational agency delegated by the State 

16 regarding the operation of the schools (including the 

17 school system’s mission and goals, organization, 

18 local budget and budget priorities, education pro19 gram, curriculum, or extra-curricular activities), stu20 dent health services and safety, transportation and 

21 school boundaries, procurement policies, staffing and 

22 personnel policies, capital construction, authority to 

23 levy taxes, issue bonds, acquire land, and other func24 tions essential to the daily operation of the schools 


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1 within the jurisdiction of the local educational agen2 cy; 

3 (2) results in additional costs to the local edu4 cation agency for reporting, grant administration, 

5 and general operations unless fully funded from 

6 Federal funds; 

7 (3) conflicts with the power and authority of 

8 the local educational agency to determine how to en9 gage or act upon community participation and ad10 vice; 

11 (4) imposes requirements on a local educational 

12 agency that would limit or adversely affect its au13 thority to function as a legislative, executive or 

14 quasi-judicial agency; 

15 (5) conflicts with the authority of a State to de16 termine the appropriate governance structure of its 

17 local educational agencies, or the authority of a local 

18 educational agency to determine the appropriate gov19 ernance and management of its schools; 

20 (6) establishes reporting requirements for local 

21 educational agencies that duplicate existing Federal 

22 requirements or that are issued without first con23 ducting a fiscal impact statement related to the 

24 costs to local educational agencies, including re25 quests for data and recommendations from local 


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1 educational agencies and national education organi2 zations consistent with the provisions of section 4(a); 

3 or 

4 (7) places conditions or requirements on a 

5 grant to a State or local educational agency that are 

6 not directly related to or support the intent of the 

7 specific purpose of the grant or the legislation au8 thorizing such grant. 

9 SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL 

10 IMPACT. 

11 (a) IN GENERAL.—During each fiscal year (begin12 ning with the fiscal year following the fiscal year in which 

13 this Act is enacted), the Secretary of Education shall pro14 vide local educational agencies and the major national edu15 cation organizations, including those representing local 

16 school boards, local school superintendents, principals, and 

17 teachers, a minimum of 60 days in order to provide writ18 ten comments regarding the local impact of implementing 

19 Federal regulations, rules, grant conditions, guidance ma20 terials, or other requirements for any applicable program 

21 or activity of the Secretary. 

22 (b) REPORT.—The Secretary of Education shall pre23 pare and publish a report based on the comments received 

24 pursuant to subsection (a), which shall be forwarded to 

25 the chairs and ranking members of the Education and 


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1 Workforce Committee of the House of Representatives and 

2 the Health, Education, Labor and Pensions Committee of 

3 the Senate not later than July 1 of each year and shall 

4 be simultaneously posted on the Department of Edu5 cation’s website. 

6 SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PRO7 GRAMS. 

8 (a) ELIMINATING REPORTING DUPLICATIONS.—Not 

9 later than 180 days after the date of the enactment of 

10 this Act, the Secretary of Education shall conduct a review 

11 of existing reporting requirements applicable to local edu12 cational agencies resulting from programs and activities 

13 under the jurisdiction of the Department of Education to 

14 determine duplications and make modifications as nec15 essary to eliminate such reporting duplications. 

16 (b) PROHIBITION.—The Secretary may not promul17 gate any regulation, rule, guidance material, grant condi18 tion, or other requirement pertaining to a State edu19 cational agency or a local educational agency, without first 

20 taking the following actions: 

21 (1) Requesting data and recommendations from 

22 local educational agencies and the major national 

23 education organizations representing local school 

24 boards, local school superintendents, principals, and 

25 teachers regarding the educational, financial, and 


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1 operational costs involved for implementation, and 

2 publishing the data and recommendations provided 

3 upon issuance of such regulation, rule, guidance ma4 terial, grant condition, or other requirement and 

5 posting that information on the Department of Edu6 cation’s website. 

7 (2) Verifying, based on the data set forth in 

8 paragraph (1), that local educational agencies will 

9 have the financial resources and the technical assist10 ance they may need to successfully implement the 

11 regulation, rule, guidance material, grant condition, 

12 or other requirement including any Federal require13 ment that would extend beyond the time that Fed14 eral assistance is available for that purpose. 

15 (3) Providing local educational agencies and the 

16 national education organizations identified in para17 graph (1) with not less than 60 days notice following 

18 the Secretary’s publication of a notice of intent to 

19 issue any regulation, rule, guidance material, grant 

20 condition, or other requirement to respond, unless a 

21 shorter time period is needed to meet an emergency 

22 such as a declared natural disaster. 

23 (4) Ensuring that maximum flexibility is pro24 vided to local educational agencies in implementing 


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1 any regulation, rule, guidance material, grant condi2 tion, or other requirement. 

3 (c) REVIEW AND RESPONSE.—If a local educational 

4 agency or an organization identified in subsection (b) pro5 vides the Secretary of Education with a written statement 

6 demonstrating that a regulation, rule, guidance material, 

7 grant condition, or other requirement does not meet the 

8 substantive or procedural requirements of this Act, the 

9 Secretary, or the Secretary’s designee, shall review the 

10 merits of that statement, provide a written response within 

11 60 days, and post that response on the Department of 

12 Education’s website, including what action, if any, the 

13 Secretary will take to correct any deficiency that the Sec14 retary determines exists. 

Æ 


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