I 
113TH CONGRESS 
1ST SESSION H. R. 2089 
To amend the Elementary and Secondary Education Act of 1965 to prohibit 
Federal mandates, direction, or control, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2013 
Mrs. ROBY (for herself and Mr. ROKITA) introduced the following bill; which 
was referred to the Committee on Education and the Workforce 
A BILL 
To amend the Elementary and Secondary Education Act 
of 1965 to prohibit Federal mandates, direction, or con-
trol, and for other purposes. 
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 ‘‘Defending State Au-
thority Over Education Act of 2013’’. 
SEC. 2. VOLUNTARY PARTNERSHIPS. 
Section 1111(k) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(k)) is amended 
by adding at the end the following: ‘‘Except that the Sec-
VerDate Mar 15 2010 
23:32 May 24, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2089.IH
H2089
pwalker on DSK7TPTVN1PROD with BILLS
retary shall not attempt to influence, incentivize, or coerce 
State participation in any such partnerships.’’. 
SEC. 3. SPECIFIC LIMITATIONS. 
Section 9401 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7861) is amended— 
(1) by redesignating subsections (e), (f), and 
(g), as subsections (f), (g), and (h), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) SPECIFIC LIMITATIONS.—The Secretary shall 
not require a State educational agency, local educational 
agency, or Indian tribe, as a condition of approval of a 
waiver request, to— 
‘‘(1) include in, or delete from, such request, 
specific academic standards; 
‘‘(2) use specific academic assessment instru-
ments or items; or 
‘‘(3) include in, or delete from, such waiver re-
quest any criterion that specifies, defines, or pre-
scribes the standards or measures that a State or 
local educational agency or Indian tribe uses to es-
tablish, implement, or improve— 
‘‘(A) State academic standards; 
‘‘(B) academic assessments; 
‘‘(C) State accountability systems; or 
VerDate Mar 15 2010 
23:32 May 24, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2089.IH
H2089
pwalker on DSK7TPTVN1PROD with BILLS
‘‘(D) teacher and school leader evaluation 
systems.’’. 
SEC. 4. PROHIBITION AGAINST FEDERAL MANDATES, DI-
RECTION, OR CONTROL. 
(a) IN GENERAL.—Subpart 2 of part E of title IX 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7901 et seq.) is amended by inserting after 
section 9526 the following new section: 
‘‘SEC. 9526A. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the 
Federal Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, man-
date, direct, or control a State, local educational agency, 
or school’s specific instructional content, academic stand-
ards and assessments, curricula, or program of instruc-
tion, nor shall anything in this Act be construed to author-
ize such officer or employee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agree-
ments, make financial support available in a manner that 
is conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, aca-
demic standards and assessments, curriculum, or program 
VerDate Mar 15 2010 
23:32 May 24, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2089.IH
H2089
pwalker on DSK7TPTVN1PROD with BILLS
of instruction even if such requirements are specified in 
an Act other than this Act, nor shall anything in this Act 
be construed to authorize such officer or employee to do 
so.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Elementary and Secondary Education Act of 1965 
is amended by inserting after the item relating to section 
9526 the following: 
‘‘Sec. 9526A. Prohibition against Federal mandates, direction, or control.’’. 
Æ 
VerDate Mar 15 2010 
23:32 May 24, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2089.IH
H2089
pwalker on DSK7TPTVN1PROD with BILLS