I 
113TH CONGRESS 
1ST SESSION 
H. R. 379 
To amend section 1120A(c) of the Elementary and Secondary Education 
Act of 1965 to assure comparability of opportunity for educationally 
disadvantaged students. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 23, 2013 
Mr. FATTAH introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend section 1120A(c) of the Elementary and Sec-
ondary Education Act of 1965 to assure comparability 
of opportunity for educationally disadvantaged 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. 
This Act may be cited as the ‘‘Fiscal Fairness Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To remedy the inequitable distribution of 
State and local funds within the areas served by 
local educational agencies. 
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(2) To reinforce the supplementary intent of 
funds made available under title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.), ensuring that these funds serve their 
original purpose of subsidizing the increased costs 
associated with educating students in concentrated 
poverty. 
(3) To address the statutory, regulatory, and 
enforcement weaknesses that have undermined the 
role of the comparability requirement in ensuring 
comparability within school districts. 
(4) To require the inclusion of real teacher sal-
aries in calculations of per-pupil expenditures. 
(5) To provide sufficient transparency, account-
ability, and disclosure to allow parents, communities, 
educators, and local agency officials to ensure stu-
dents have access to the resources they need to 
achieve at high levels. 
SEC. 3. COMPARABILITY OF EXPENDITURES. 
Section 1120A(c) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6321(c)) is amended 
to read as follows: 
‘‘(c) COMPARABILITY OF EXPENDITURES.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) COMPARABLE
FUNDING
IN
GEN-
ERAL.—Except as provided in paragraphs (4) 
and (5), a local educational agency may receive 
funds under this part for a fiscal year only if, 
for the preceding fiscal year, the average ex-
penditure per pupil of State and local funds in 
each school served under this part was at least 
97 percent of the average expenditure per pupil 
of State and local funds across all schools 
served by the local educational agency that are 
not receiving funds under this part. 
‘‘(B) 
COMPARABLE
FUNDING
AMONG 
TITLE I SCHOOLS.—In any case where all of the 
schools served by a local educational agency re-
ceive support under this part, such agency may 
receive funds under this part for a fiscal year 
only if, for the preceding fiscal year, the aver-
age expenditure per pupil of State and local 
funds in each higher poverty school is at least 
97 percent of the average expenditure per pupil 
of State and local funds across all lower poverty 
schools. 
‘‘(2) EQUIVALENCE.—A local educational agen-
cy shall be considered to have met the requirements 
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