I 
112TH CONGRESS 
2D SESSION 
H. R. 5933 
To amend section 1120A of the Elementary and Secondary Education Act 
of 1965 to modify the comparability of services requirements. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2012 
Mr. COHEN introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To amend section 1120A of the Elementary and Secondary 
Education Act of 1965 to modify the comparability of 
services requirements. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMPARABILITY OF SERVICES. 
Section 1120A of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6321) is amended— 
(1) in subsection (a), by striking ‘‘involved’’; 
and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) COMPARABILITY.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) COMPARABILITY.—Beginning for the 
2015–2016 school year, a local educational 
agency may receive funds under this part only 
if the local educational agency demonstrates to 
the State educational agency that the combined 
State and local per-pupil expenditures (includ-
ing actual personnel and actual non-personnel 
expenditures) in each school served under this 
part, in the most recent year for which such 
data were available, are not less than the aver-
age combined State and local per-pupil expendi-
tures (including actual personnel and actual 
non-personnel expenditures) for those schools 
that are not served under this part. 
‘‘(B) ALTERNATIVE
COMPARABILITY.—If 
the local educational agency is serving all of the 
schools under its jurisdiction under this part, 
the agency shall demonstrate to the State edu-
cational agency that the average combined 
State and local per-pupil expenditures (includ-
ing actual personnel and actual non-personnel 
expenditures) for its high-poverty schools, in 
the most recent year for which such data are 
available, were not less than the average com-
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bined State and local per-pupil expenditures 
(including actual personnel and actual non-per-
sonnel expenditures) for its low-poverty schools. 
‘‘(C) BASIS.—A local educational agency 
may meet the requirements of subparagraphs 
(A) and (B) on a grade-span by grade-span or 
school-by-school basis. 
‘‘(D) EXCLUSION OF FUNDS.— 
‘‘(i) IN GENERAL.—For the purpose 
of complying with this paragraph, a local 
educational agency shall exclude any State 
or local funds expended in any school for— 
‘‘(I) excess costs of providing 
services to English learners; 
‘‘(II) excess costs of providing 
services to children with disabilities; 
‘‘(III) capital expenditures; and 
‘‘(IV) such other expenditures as 
the Secretary determines appropriate. 
‘‘(ii) CHANGES
AFTER
THE
BEGIN-
NING OF THE SCHOOL YEAR.—A local edu-
cational agency need not include unpredict-
able changes in student enrollment or per-
sonnel assignments that occur after the be-
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ginning of a school year in determining 
compliance under this subsection. 
‘‘(2) DOCUMENTATION.—A local educational 
agency shall demonstrate that it is meeting the re-
quirements of paragraph (1) by submitting to the 
State educational agency the per-pupil expenditures, 
personnel expenditures, non-personnel expenditures, 
and total expenditures for each school served by the 
local educational agency. 
‘‘(3) INAPPLICABILITY.—This subsection shall 
not apply to a local educational agency that does not 
have more than one building for each grade span. 
‘‘(4) PROCESS AND PROCEDURES.— 
‘‘(A) LOCAL
EDUCATIONAL
AGENCY
RE-
SPONSIBILITIES.—Each local educational agen-
cy assisted under this part shall, by October 31, 
2014, report to the State educational agency on 
its compliance with the requirements of this 
subsection for the preceding school year by sub-
mitting to the State educational agency the per- 
pupil expenditures, personnel expenditures, non- 
personnel expenditures, and total expenditures 
for each school served by the local educational 
agency. 
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‘‘(B) STATE
EDUCATIONAL
AGENCY
RE-
SPONSIBILITIES.—Each State educational agen-
cy assisted under this part shall ensure that 
such information is made publicly available by 
the State or the local educational agency, in-
cluding the school by school listing described in 
subparagraph (A). 
‘‘(C) PLAN.—A local educational agency 
that does not meet the requirements of this 
subsection in any year shall develop and imple-
ment a plan to ensure compliance for the subse-
quent school year and may be required by the 
State educational agency to report on its 
progress in implementing such plan. 
‘‘(5) TRANSITION PROVISIONS.— 
‘‘(A) SCHOOL
YEARS
PRECEDING
THE 
2015–2016 SCHOOL YEAR.—For school years pre-
ceding the 2015–2016 school year, a local edu-
cational agency may receive funds under this 
part only if the local educational agency dem-
onstrates to the State educational agency that 
the local educational agency meets the require-
ments of this subsection, as in effect before the 
effective date of the most recent amendment to 
this section. 
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