(3) the duration of the declaration of intent 
shall not exceed 5 years; 
(4) an assurance that the State will use fiscal 
control and fund accounting procedures; 
(5) an assurance that the State will meet the 
requirements of applicable Federal civil rights laws 
in carrying out the declaration of intent and in con-
solidating and using the funds under the declaration 
of intent; 
(6) an assurance that in implementing the dec-
laration of intent the State will seek to advance edu-
cational opportunities for the disadvantaged; and 
(7) a description of the plan for maintaining di-
rect accountability to parents and other citizens of 
the State. 
(d) REVIEW
AND
RECOGNITION
BY
THE
SEC-
RETARY.— 
(1) IN GENERAL.—The Secretary shall review 
the declaration of intent received from the State 
Designated Officer within 60 days of the date of re-
ceipt, and shall recognize such declaration of intent 
unless it fails to meet the requirements of subsection 
(c). 
(2) RECOGNITION BY OPERATION OF LAW.—If 
the Secretary fails to take action within the time 
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specified in paragraph (1), the declaration of intent, 
as submitted, shall be deemed to be approved. 
(e) AMENDMENT TO DECLARATION OF INTENT.— 
(1) IN GENERAL.—The State Authorizing Offi-
cials may direct the State Designated Officer to sub-
mit amendments to the declaration of intent which 
is in effect. Such amendments shall be submitted to 
the Secretary and considered by such officer pursu-
ant to subsection (d). 
(2) AMENDMENTS AUTHORIZED.—A declaration 
of intent in effect may be amended to— 
(A) expand the scope of such declaration of 
intent to encompass additional eligible pro-
grams; 
(B) reduce the scope of such declaration of 
intent by excluding coverage of a Federal pro-
gram included in the original declaration of in-
tent; 
(C) modifying the duration of such dec-
laration of intent; or 
(D) such other modifications that the 
State Authorizing Officials deem appropriate. 
(3) EFFECTIVE DATE.—The amendment shall 
specify an effective date. Such effective date shall 
provide adequate time to assure full compliance with 
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Federal program requirements relating to an eligible 
program that has been removed from the coverage of 
the declaration of intent by the proposed amend-
ment. 
(4) TREATMENT
OF
PROGRAM
FUNDS
WITH-
DRAWN
FROM
DECLARATION
OF
INTENT.—Begin-
ning on the effective date of an amendment executed 
under paragraph (2)(B), each program requirement 
of each program removed from the declaration of in-
tent shall apply to the State’s use of funds made 
available under the program. 
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDU-
CATION. 
(a) IN GENERAL.—Each State operating under a 
declaration of intent pursuant to under this Act shall in-
form parents and the general public regarding the student 
achievement assessment system, demonstrating student 
progress relative to the State’s determination of student 
proficiency, for the purpose of public accountability to par-
ents and taxpayers. 
(b) ACCOUNTABILITY SYSTEM.—The accountability 
system shall be determined by the State. 
(c) REPORT
ON STUDENT PROGRESS.—Not later 
than 1 year after the effective date of the declaration of 
intent, and annually thereafter, a State shall disseminate 
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widely to parents and the general public a report that de-
scribes student progress. The report shall include— 
(1) student performance data disaggregated in 
the same manner as data are disaggregated under 
section 1111(b)(3)(C)(xiii) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)(C)(xiii)); and 
(2) a description of how the State has used 
Federal funds to improve academic achievement, re-
duce achievement disparities between various stu-
dent groups, and improve educational opportunities 
for the disadvantaged. 
SEC. 4. MAINTENANCE OF FUNDING LEVELS SPENT BY 
STATES ON EDUCATION. 
(a) IN GENERAL.—For each State consolidating and 
using funds pursuant to a declaration of intent under this 
Act, for each school year of the declaration of intent, the 
aggregate amount of funds spent by the State on elemen-
tary and secondary education shall be not less than 90 
percent of the aggregate amount of funds spent by the 
State on elementary and secondary education for the 
school year that coincides with the date of enactment of 
this Act. 
(b) EXCEPTION.—The requirement of subsection (a) 
may be waived by the State Authorizing Officials if the 
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State having a declaration of intent in effect makes a de-
termination, supported by specific findings, that uncon-
trollable or exceptional circumstances, such as a natural 
disaster or extreme contraction of economic activity, pre-
clude compliance for a specified period, which may be ex-
tended. Such determination shall be presented to the Sec-
retary by the State Designated Officer and action shall 
be taken in the manner prescribed by section 2(d). 
SEC. 5. ADMINISTRATIVE EXPENSES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amount that a State with a declaration of intent 
may expend for administrative expenses shall be limited 
to 1 percent of the aggregate amount of Federal funds 
made available to the State through the eligible programs 
included within the scope of such declaration of intent. 
(b) STATES NOT CONSOLIDATING FUNDS UNDER 
PART A OF TITLE I.—If the declaration of intent does 
not include within its scope Part A of title I of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6311 et seq.), the amount spent on administrative ex-
penses shall be limited to 3 percent of the aggregate 
amount of Federal funds made available to the State pur-
suant to such declaration of intent. 
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SEC. 6. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. 
Funds made available by a State pursuant to a dec-
laration of intent under this Act shall be distributed in 
a manner that provides for the equitable, as determined 
by the State, participation of private schools, and the stu-
dents and professional staff of such schools. 
Æ 
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