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107TH CONGRESS
1ST SESSION
H. R. 1234
To require States to equalize funding for education throughout the State.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 2001
Mr. FATTAH (for himself, Mr. PAYNE, Mr. OWENS, Mr. BRADY of Pennsyl-
vania, Mr. BORSKI, Ms. CARSON of Indiana, Mrs. CLAYTON, Mr. DAVIS
of Illinois, Mr. JACKSON of Illinois, Ms. EDDIE BERNICE JOHNSON of
Texas, Ms. KILPATRICK, Ms. MCKINNEY, Ms. NORTON, Mr. RODRIGUEZ,
Mr. STARK, Ms. VELA´ZQUEZ, Ms. WATERS, Ms. BROWN of Florida, Mr.
CUMMINGS, Mr. FILNER, Mr. GUTIERREZ, Mr. HINOJOSA, Mr. JEFFER-
SON, Mrs. JONES of Ohio, Ms. LEE, Mrs. MALONEY of New York, Mr.
MCDERMOTT, Mr. RUSH, Mr. SCOTT, Mr. THOMPSON of Mississippi, Mr.
CONYERS, Ms. JACKSON-LEE of Texas, Mr. GEORGE MILLER of Cali-
fornia, Mr. CLAY, Mrs. MEEK of Florida, Mr. HASTINGS of Florida, Mr.
MEEKS of New York, and Ms. MILLENDER-MCDONALD) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To require States to equalize funding for education
throughout the State.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equal Protection
School Finance Act’’.
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SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are systems of public school finance
within States which subject American children to
educations of radically varying and grossly unequal
quality solely on the basis of where they live.
(2) In its unanimous decision in the case of
Brown v. Board of Education, 347 U.S. 483, 493
(1954), the Supreme Court stated: ‘‘In these days,
it is doubtful that any child may reasonably be ex-
pected to succeed in life if he is denied the oppor-
tunity of an education. Such an opportunity, where
the state has undertaken to provide it, is a right
which must be made available to all on equal
terms.’’
(3) Education is a fundamental right under the
equal protection clause of the United States Con-
stitution.
(4) The provision of education to all children
within a State on an equal basis, including equality
of financial resources, is fundamental to the equal
protection of laws.
SEC. 3. EQUALIZATION SYSTEM.
(a) IN GENERAL.—Subject to subsection (c), begin-
ning 5 years after the date of enactment of this Act, a
State shall be ineligible to receive Federal funds as speci-
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(c) WAIVER.—The Secretary may provide a single
waiver of subsection (a) and provide continued funding for
elementary and secondary education to a State which has
not complied with the requirements of such subsection, if
such State submits to the Secretary a plan for compliance
which the Secretary determines will bring the State into
compliance within 5 years. A waiver under this subsection
may not be granted for a duration of more than five years
after the date the Secretary approves such a plan for com-
pliance.
SEC. 4. REPORT, CERTIFICATION, AND CHALLENGE.
(a) ANNUAL REPORT.—Not later than January 1 of
each year, a State shall submit to the Secretary a report
describing—
(1) the manner in which the State has complied
with section 3(a) or whether such State has received
a waiver under section 3(c); and
(2) such additional information as the Secretary
may require.
(b) ANNUAL CERTIFICATION.—The report required
by subsection (a) shall include a certification that the
State has complied with the provisions of section 3(a) or
has been granted a waiver under section 3(c). Such certifi-
cation shall be prima facie evidence that the State has
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complied with section 3 unless such certification is chal-
lenged under subsection (c).
(c) CERTIFICATION CHALLENGE.—Not later than 90
days after the date on which a State certification is due
under subsection (b), a local educational agency in a State
may file a complaint with the Secretary challenging such
certification.
SEC. 5. CONSEQUENCES OF NONCOMPLIANCE.
(a) 
INELIGIBILITY
FOR
FEDERAL
EDUCATION
FUNDS.—If the Secretary determines, after notice and op-
portunity for a hearing, that a State fails to comply with
section 3(a) and has not obtained a waiver under section
3(c), such State shall be ineligible to receive Federal funds
administered by the Secretary to support elementary and
secondary education, beginning on the first day of the first
fiscal year after such finding.
(b) RESTORATION OF ELIGIBILITY.—Eligibility for
funds identified under subsections (a) shall be restored at
the beginning of the next fiscal year after the Secretary
determines that the State has complied with section 3(a)
or grants a waiver under section 3(c), whichever occurs
first.
(c) REDISTRIBUTION OF FUNDS.—Funds for elemen-
tary and secondary education made ineligible for a State
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under subsection (a) shall be reallocated by the Secretary
among States that—
(1) are in compliance with the requirements of
section 3(a); or
(2) are implementing compliance plans pursu-
ant to section 3(c).
SEC. 6. RULEMAKING.
The Secretary may make rules to carry out this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ‘‘local educational agency’’ has
the meaning given such term in section 14101(18)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801(18)).
(2) The term ‘‘Secretary’’ means the Secretary
of Education.
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