I 
109TH CONGRESS 
2D SESSION 
H. R. 5854 
To establish a pilot program under which the Secretary of Education allows 
selected States to combine certain funds under the Elementary and 
Secondary Education Act of 1965 to improve the academic achievement 
of its students. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2006 
Mr. BEAUPREZ introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To establish a pilot program under which the Secretary of 
Education allows selected States to combine certain 
funds under the Elementary and Secondary Education 
Act of 1965 to improve the academic achievement of 
its students. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Partnership for Academic Success in the States Act’’ or 
the ‘‘PASS Act’’. 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Pilot program required. 
Sec. 3. Performance agreements. 
Sec. 4. Eligible education grant programs. 
Sec. 5. Maintenance of academic performance standards. 
Sec. 6. Maintenance of funding levels spent by States on education. 
Sec. 7. Permissible uses of funds. 
Sec. 8. Allocation of funds within State. 
Sec. 9. Administrative expenses. 
Sec. 10. Equitable participation of private schools. 
Sec. 11. Fiscal responsibilities. 
Sec. 12. Annual reports. 
Sec. 13. Terms of performance agreements. 
Sec. 14. Modification of performance agreements. 
Sec. 15. Competitive selection process. 
Sec. 16. Performance review and early termination. 
Sec. 17. Awards for reducing achievement gaps. 
SEC. 2. PILOT PROGRAM REQUIRED. 
The Secretary of Education shall carry out a pilot 
program under this Act, to be participated in by up to 
10 States. 
SEC. 3. PERFORMANCE AGREEMENTS. 
(a) PERFORMANCE AGREEMENT REQUIRED.—For 
each State participating in the pilot program, the Sec-
retary shall, pursuant to a performance agreement entered 
into with that State— 
(1) grant directly to the State the grant 
amounts that the State (or any entity within the 
State, if applicable) would otherwise receive under 
one or more eligible education grant programs cov-
ered by the agreement; and 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS
(2) waive the applicability to the State (or any 
entity within the State, if applicable) of one or more 
requirements of those programs. 
(b) SPECIFICATION OF PROGRAMS TO BE COVERED 
AND REQUIREMENTS TO BE WAIVED.—The performance 
agreement shall specify the programs covered by the 
agreement and the requirements to be waived pursuant 
to the agreement. 
(c) REQUIREMENTS THAT CANNOT BE WAIVED.— 
The Secretary shall not, pursuant to a performance agree-
ment under this Act, waive any requirement under any 
of the following provisions of the Elementary and Sec-
ondary Education Act of 1965: 
(1) Section 1111(b) (20 U.S.C. 6311(b); relat-
ing to academic standards, academic assessments, 
and accountability). 
(2) Section 1111(h) (20 U.S.C. 63111(h); relat-
ing to report cards). 
(3) 
Section 
1116(b)(1)(E) 
(20 
U.S.C. 
6316(b)(1)(E); relating to public school choice). 
SEC. 4. ELIGIBLE EDUCATION GRANT PROGRAMS. 
For purposes of this Act, the eligible education grant 
programs are the following: 
(1) In title I of the Elementary and Secondary 
Education Act of 1965— 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS
(A) part A (relating to improving basic 
programs operated by local educational agen-
cies); 
(B) subpart 3 of part B (relating to Wil-
liam F. Goodling Even Start Family Literacy 
Programs); 
(C) part C (relating to education of migra-
tory children); 
(D) part D (relating to prevention and 
intervention programs for children and youth 
who are neglected, delinquent, or at-risk); and 
(E) part F (relating to comprehensive 
school reform). 
(2) In title II of that Act— 
(A) part A (relating to teacher and prin-
cipal training and recruiting fund); and 
(B) subpart 1 of part D (relating to State 
and local technology grants). 
(3) In title III of that Act, part A (relating to 
English language acquisition, language enhance-
ment, and academic achievement). 
(4) In title IV of that Act, part A (relating to 
safe and drug-free schools and communities). 
(5) In title V of that Act— 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS
(A) part A (relating to innovative pro-
grams); and 
(B) part D (relating to the fund for the 
improvement of education). 
(6) In title VII of that Act, part A (relating to 
Indian education). 
(7) Sections 115 and 116, and parts B and C 
of title I, of the Carl D. Perkins Vocational Tech-
nical Education Act. 
(8) Subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act. 
SEC. 5. MAINTENANCE OF ACADEMIC PERFORMANCE 
STANDARDS. 
Each State participating in the pilot program shall, 
throughout the term of the performance agreement— 
(1) maintain a uniform level of challenging stu-
dent academic performance standards and assess-
ments; and 
(2) demonstrate adequate yearly progress to-
ward achieving those standards. 
SEC. 6. MAINTENANCE OF FUNDING LEVELS SPENT BY 
STATES ON EDUCATION. 
For each State participating in the pilot program, for 
each school year of the performance agreement, the aggre-
gate amount of funds spent by the State on elementary 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS
and secondary education shall be not less than the aggre-
gate amount of funds spent by the State on elementary 
and secondary education for school year 2007. If a State 
demonstrates that exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous 
and unforeseen decline in the financial resources of the 
State, prevent the State from complying with this require-
ment, the Secretary may waive the applicability of this re-
quirement to the State. 
SEC. 7. PERMISSIBLE USES OF FUNDS. 
Grant amounts received pursuant to a performance 
agreement under this Act may be used for any elementary 
and secondary education purposes permitted by State law, 
in a manner that advances the education priorities of the 
State, improves student achievement, and narrows 
achievement gaps between students. 
SEC. 8. ALLOCATION OF FUNDS WITHIN STATE. 
(a) IN GENERAL.—Grant amounts received pursuant 
to a performance agreement under this Act shall be dis-
tributed within the State as provided by State law, subject 
to subsection (b). 
(b) NO REDUCTION IN PART A TITLE I ALLOCA-
TION.—To the extent such grant amounts are derived 
from part A of title I of the Elementary and Secondary 
Education Act of 1965, the State shall ensure that, for 
VerDate Aug 31 2005 
21:21 Jul 24, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5854.IH
H5854
jlentini on PROD1PC65 with BILLS