I 

112TH CONGRESS 

1ST SESSION H. R. 2514 

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 HOUSE OF REPRESENTATIVES 

JULY 13, 2011 

Mr. BISHOP of Utah (for himself, Mr. AKIN, Mr. BENISHEK, Mrs. BLACKBURN, Mr. CANSECO, Mr. CHAFFETZ, Mr. DUNCAN of South Carolina, 

Mr. HENSARLING, Mr. HERGER, Mr. HUIZENGA of Michigan, Mr. ISSA, 

Mr. JONES, Mr. KINGSTON, Mr. LAMBORN, Mr. LANKFORD, Mr. MANZULLO, Mr. MCHENRY, Mrs. MYRICK, Mr. PAUL, Mr. PITTS, Mr. 

RIGELL, Mr. ROGERS of Michigan, Mr. RYAN of Wisconsin, Mr. WILSON

of South Carolina, Mr. LANDRY, Mr. CAMPBELL, and Mr. AUSTIN SCOTT

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

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. 

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; PUR2 POSES; 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; 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. 

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

10 (1) To give States and local communities max11 imum flexibility to determine how to boost academic 

12 achievement and implement education reforms. 

13 (2) To reduce the administrative costs and com14 pliance burden of Federal education programs in 

15 order to focus Federal resources on improving aca16 demic achievement. 

17 (3) To ensure that States and communities are 

18 accountable to the public for advancing the academic 

19 achievement of all students, especially disadvantaged 

20 children. 

21 (d) DEFINITIONS.—In this Act: 


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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) STATE.—The term ‘‘State’’ has the mean7 ing given the term in section 1122(e) of the Elemen8 tary and Secondary Education Act of 1965 (20 

9 U.S.C. 6332(e)). 

10 SEC. 2. PERFORMANCE AGREEMENTS. 

11 (a) AUTHORITY.—In accordance with this Act, the 

12 Secretary shall enter into performance agreements with 

13 States under which, except as otherwise provided in this 

14 Act, States may consolidate and use funds pursuant to 

15 section 3. 

16 (b) REQUIRED TERMS OF PERFORMANCE AGREE17 MENT.—Each performance agreement entered into by the 

18 Secretary under this Act shall include the following: 

19 (1) DURATION.—The performance agreement 

20 shall be for a period of 5 years. Such 5-year period 

21 shall be determined by the State. 

22 (2) APPLICATION OF PROGRAM REQUIRE23 MENTS.—The performance agreement shall provide 

24 that no requirements of any program described in 

25 section 3 and included by the State within the scope 


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1 of the performance agreement shall apply to the 

2 State, except as otherwise provided in this Act. 

3 (3) LIST OF PROGRAMS.—The performance 

4 agreement shall list which of the programs described 

5 in section 3 are included within the scope of the per6 formance agreement. 

7 (4) USE OF FUNDS TO IMPROVE STUDENT

8 ACHIEVEMENT.—The performance agreement shall 

9 contain a 5-year plan describing how the State in10 tends to combine and use the funds from programs 

11 included within the scope of the performance agree12 ment to advance the education priorities of the 

13 State, improve student academic achievement, and 

14 narrow achievement gaps. 

15 (5) ACCOUNTABILITY SYSTEM.—The perform16 ance agreement shall describe an accountability sys17 tem that meets the requirements of section 4. 

18 (6) ACHIEVEMENT GOALS.— 

19 (A) STUDENT ACADEMIC ACHIEVEMENT.— 

20 The performance agreement shall require the 

21 State to demonstrate the State’s academic 

22 achievement goals and measures to be achieved 

23 over the duration of the performance agree24 ment. 


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1 (B) CONSISTENCY OF ACHIEVEMENT

2 MEASURES.—The performance agreement shall 

3 require that the State maintain, at a minimum, 

4 the same level of challenging State student aca5 demic achievement standards and academic as6 sessments throughout the duration of the per7 formance agreement. 

8 (C) REPORTING OF DISAGGREGATED

9 DATA.—The performance agreement shall re10 quire the State to report, in the annual report 

11 under section 8, data disaggregated in the same 

12 manner as data are disaggregated under section 

13 1111(b)(3)(C)(xiii) of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 

15 6311(b)(3)(C)(xiii)). 

16 (c) APPLICATION.— 

17 (1) IN GENERAL.—Each State desiring to enter 

18 into a performance agreement with the Secretary 

19 under this Act shall submit an application to the 

20 Secretary at such time, and accompanied by such in21 formation, as the Secretary may require. 

22 (2) CONTENTS.—Each such application shall 

23 contain— 

24 (A) a proposed performance agreement; 


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1 (B) a description of the State’s account2 ability system for the proposed performance 

3 agreement as described in section 4; 

4 (C) an assurance that the State will use 

5 fiscal control and fund accounting procedures; 

6 (D) an assurance that the State will con7 tinue to pursue the goal of improving edu8 cational opportunities for the disadvantaged; 

9 and 

10 (E) an assurance that not less than 2 of 

11 the following approved the proposed perform12 ance agreement: 

13 (i) The Governor of the State. 

14 (ii) The State legislature. 

15 (iii) The State educational agency. 

16 (d) APPROVAL OF PERFORMANCE AGREEMENT.— 

17 (1) IN GENERAL.—Not later than 60 days after 

18 the receipt of a proposed performance agreement 

19 submitted by a State, the Secretary shall approve 

20 the performance agreement or provide the State with 

21 a written determination that the performance agree22 ment fails to satisfy a requirement of this Act. 

23 (2) TREATMENT AS APPROVED.—Each perform24 ance agreement for which the Secretary fails to take 

25 the action required in paragraph (1) in the time peVerDate Mar 15 2010 02:50 Jul 14, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2514.IH H2514

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1 riod described in such paragraph shall be considered 

2 to be approved. 

3 (3) REQUIREMENT TO EXECUTE APPROVED

4 AGREEMENTS.—In accordance with this Act, the 

5 Secretary shall enter into each performance agree6 ment approved under this subsection. 

7 (4) DISAPPROVAL OF PERFORMANCE AGREE8 MENT.—If the State’s performance agreement is dis9 approved, then the State shall have 30 days to re10 submit a revised performance agreement. The Sec11 retary shall approve the revised performance agree12 ment within 30 days of receipt of the revised per13 formance agreement or provide the State with a 

14 written determination that the revised performance 

15 agreement fails to satisfy a requirement of this Act. 

16 (e) CIVIL RIGHTS.—The Secretary may not enter 

17 into a performance agreement with a State under this sec18 tion unless the performance agreement contains an assur19 ance that the State will meet the requirements of applica20 ble Federal civil rights laws in carrying out the perform21 ance agreement and in consolidating and using the funds 

22 under the performance agreement. 

23 (f) AMENDMENT TO PERFORMANCE AGREEMENT.— 

24 (1) IN GENERAL.—In each of the following cir25 cumstances, the Secretary, subject to approval under 


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1 paragraph (2), shall agree to amend a performance 

2 agreement entered into with a State under this Act: 

3 (A) REDUCTION IN SCOPE OF PERFORM4 ANCE AGREEMENT.—A State seeks to amend 

5 the performance agreement to remove from the 

6 scope of the performance agreement any pro7 gram described in section 3. 

8 (B) EXPANSION OF SCOPE OF PERFORM9 ANCE AGREEMENT.—A State seeks to amend 

10 the performance agreement to include within 

11 the scope of the performance agreement any ad12 ditional program described in section 3 or any 

13 additional measure of accountability for which 

14 the State will be held accountable. 

15 (2) APPROVAL OF AMENDMENT.— 

16 (A) IN GENERAL.—Not later than 60 days 

17 after the receipt of a proposed performance 

18 agreement amendment submitted by a State, 

19 the Secretary shall approve the amendment or 

20 provide the State with a written determination 

21 that the amendment fails to satisfy a require22 ment of this Act. 

23 (B) TREATMENT AS APPROVED.—Each 

24 amendment for which the Secretary fails to 

25 take the action required in subparagraph (A) in 


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1 the time period described in such subparagraph 

2 shall be considered to be approved. 

3 (3) TREATMENT OF PROGRAM FUNDS WITH4 DRAWN FROM AGREEMENT.—Beginning on the effec5 tive date of an amendment executed under para6 graph (1)(A), each program requirement of each 

7 program removed from the scope of a performance 

8 agreement shall apply to the State’s use of funds 

9 made available under the program. 

10 SEC. 3. PROGRAMS ELIGIBLE FOR CONSOLIDATION AND 

11 PERMISSIBLE USE OF FUNDS. 

12 (a) SCOPE.—A State may choose to include within 

13 the scope of its performance agreement any program for 

14 which Congress makes funds available to the State if the 

15 program is for a purpose described in section 1001 of the 

16 Elementary and Secondary Education Act of 1965 (20 

17 U.S.C. 6301). 

18 (b) USES OF FUNDS.—Funds made available to a 

19 State pursuant to a performance agreement under this Act 

20 shall be used for any educational purpose permitted by 

21 State law of the State participating in the performance 

22 agreement. 


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1 SEC. 4. MAINTENANCE OF ACADEMIC PERFORMANCE 

2 STANDARDS; ACCOUNTABILITY SYSTEM. 

3 Each State consolidating and using funds under this 

4 Act shall demonstrate an accountability system for the 

5 State’s performance agreement. The accountability system 

6 shall— 

7 (1) utilize the State’s adequate yearly progress 

8 determination under section 1111(b) of the Elemen9 tary and Secondary Education Act of 1965 (20 

10 U.S.C. 6311(b)); or 

11 (2) utilize another measure of annual student 

12 progress relative to the State’s determination of stu13 dent proficiency, if such measure— 

14 (A) is used for the entire 5-year duration 

15 of the performance agreement; and 

16 (B) provides student achievement data— 

17 (i) in terms of individual student 

18 progress over time; or 

19 (ii) in a comparison assessment. 

20 SEC. 5. MAINTENANCE OF FUNDING LEVELS SPENT BY 

21 STATES ON EDUCATION. 

22 For each State consolidating and using funds pursu23 ant to a performance agreement under this Act, for each 

24 school year of the performance agreement, the aggregate 

25 amount of funds spent by the State on elementary and 

26 secondary education shall be not less than 90 percent of 


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1 the aggregate amount of funds spent by the State on ele2 mentary and secondary education for the school year that 

3 coincides with the date of enactment of this Act. If a State 

4 demonstrates that exceptional or uncontrollable cir5 cumstances, such as a natural disaster or a precipitous 

6 and unforeseen decline in the financial resources of the 

7 State, prevent the State from complying with the pre8 ceding sentence, the Secretary shall waive the applicability 

9 of the preceding sentence to the State. 

10 SEC. 6. ADMINISTRATIVE EXPENSES. 

11 (a) STATES CONSOLIDATING FUNDS UNDER PART A 

12 OF TITLE I.—Each State that includes part A of title I 

13 of the Elementary and Secondary Education Act of 1965 

14 (20 U.S.C. 6311 et seq.) within the scope of a perform15 ance agreement under this Act may use, for administrative 

16 expenses, not more than 1 percent of the total amount 

17 of funds made available to the State under the programs 

18 included within the scope of the performance agreement. 

19 (b) STATES NOT CONSOLIDATING FUNDS UNDER

20 PART A OF TITLE I.—Each State that does not include 

21 part A of title I of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6311 et seq.) within the 

23 scope of a performance agreement under this Act may use, 

24 for administrative expenses, not more than 3 percent of 

25 the total amount of funds made available to the State 


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1 under the programs included within the scope of the per2 formance agreement. 

3 SEC. 7. PARTICIPATION BY PRIVATE SCHOOL CHILDREN 

4 AND TEACHERS. 

5 Each State consolidating and using funds pursuant 

6 to a performance agreement under this Act shall provide 

7 for the participation of private school children and teach8 ers in the activities assisted under the performance agree9 ment in the same manner as participation is provided to 

10 private school children and teachers under section 9501 

11 of the Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 7881). 

13 SEC. 8. ANNUAL REPORTS. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 execution of the performance agreement, and annually 

16 thereafter, each State shall disseminate widely to the par17 ents, the general public, and the Secretary, a report that 

18 includes— 

19 (1) student performance data disaggregated in 

20 the same manner as data are disaggregated under 

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

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

23 6311(b)(3)(C)(xiii)); and 

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

25 Federal funds to improve academic achievement, 


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1 narrow the achievement gap, and improve edu2 cational opportunities for the disadvantaged. 

3 (b) SUBMISSION TO CONGRESS.—Not later than 60 

4 days after the Secretary receives a report under subsection 

5 (a), the Secretary shall submit such report to Congress, 

6 together with any other information the Secretary con7 siders appropriate. 

8 SEC. 9. PERFORMANCE REVIEW AND EARLY TERMINATION. 

9 (a) REVIEW.—For each State having in effect a per10 formance agreement under this Act, the Secretary shall 

11 carry out a review of the performance agreement, at the 

12 midpoint of the duration of the performance agreement, 

13 in order to determine whether the State has met the terms 

14 of the performance agreement described in section 2. 

15 (b) EARLY TERMINATION.—The Secretary may ter16 minate a performance agreement, before the duration of 

17 that performance agreement expires, if the State does not, 

18 for 3 consecutive school years, meet the terms of the per19 formance agreement described in section 2. 

Æ 


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