I 
113TH CONGRESS 
1ST SESSION H. R. 2658 
To amend the weighted child count used to determine targeted grant amounts 
and education finance incentive grant amounts for local educational agen-
cies under title I of the Elementary and Secondary Education Act of 
1965. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2013 
Mr. THOMPSON of Pennsylvania (for himself, Ms. SLAUGHTER, Mr. KELLY of 
Pennsylvania, Mr. HANNA, Mr. MICHAUD, Mr. TONKO, and Mr. 
BARLETTA) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the weighted child count used to determine tar-
geted grant amounts and education finance incentive 
grant amounts for local educational agencies under title 
I of the Elementary and Secondary Education Act of 
1965. 
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 ‘‘All Children are Equal 
Act’’ or the ‘‘ACE Act’’. 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
SEC. 2. FINDINGS. 
Section 1125AA of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6336) is amended— 
(1) by amending the heading to read as follows: 
‘‘SEC. 1125AA. INCREASE GRANTS PER FORMULA STUDENT 
AS THE PERCENTAGE OF ECONOMICALLY 
DISADVANTAGED CHILDREN IN A LOCAL 
EDUCATIONAL AGENCY INCREASES.’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The current Basic Grant Formula for the 
distribution of funds under this part does not ade-
quately target funds for schools with the highest 
concentrations of economically disadvantaged stu-
dents. 
‘‘(2) The poverty of a child’s family is much 
more likely to be associated with educational dis-
advantage if the family lives in an area with high 
proportions of poor families. 
‘‘(3) The current formulas for distributing Tar-
geted and Education Finance Incentive Grants is in-
tended to allocate more funds per formula student to 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
local educational agencies with higher concentrations 
of such students. 
‘‘(4) These formula use two weighting systems, 
one based on the percentage of the aged 5–17 popu-
lation in a local education agency that is eligible to 
receive funds under this title (percentage weighting), 
and another based on the absolute number of such 
students (number weighting). Whichever of these 
weighting systems results in the highest total 
weighted formula student count for a local edu-
cational agency is the weighting system used for 
that agency in the final allocation of Targeted and 
Education Finance Incentive Grant funds. 
‘‘(5) Since the amount available to be distrib-
uted through these formulas is fixed by congres-
sional appropriation, any gain in allocation share by 
one local educational agency causes a loss to other 
local educational agencies. 
‘‘(6) The number weighting alternative is often 
favorable to very large local educational agencies, 
even if the agency’s formula student percentage is 
low. But because smaller local educational agencies 
simply do not have enough students to gain from 
number weighting, they are rarely better off under 
the number weighting alternative. 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(7) The Congressional Research Service has 
compared the funding allocations of each local edu-
cational agency for school year 2008–2009 under 
the current dual weighting system with the funding 
allocation it would have that year if all local edu-
cational agencies had their student count weighted 
only by percentage weighting. 
‘‘(8) This data shows that the use of number 
weighting in these formulas has shifted funding 
from smaller to larger local educational agencies not-
withstanding the level of poverty in either. This is 
contrary to the intent of Congress, which is to direct 
more funding per formula student to local edu-
cational agencies with high concentrations of pov-
erty, as measured by the number of formula stu-
dents as a percentage of the aged 5–17 population 
of the local educational agency. 
‘‘(9) As a result of this unintended consequence 
of the number weighting system, 338 of the 340 
local educational agencies that have over 38.25 per-
cent formula students gain nothing from number 
weighting under the Targeted Grant program, 281 
of them actually lose funding because of number 
weighting, and 83 of those 340 highest poverty local 
educational agencies would actually be better off if 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
Targeted Grant funds were allocated using the Basic 
Grant formula with no weighting system at all. 
‘‘(10) Congress has a responsibility to correct 
this unintended inequity by reducing the power of 
the number weighting system relative to the percent-
age weighting system so that local educational agen-
cies with high percentages of poverty but low num-
bers of students are not disadvantaged under the 
formulas used for grants under this part.’’. 
SEC. 3. TARGETED GRANTS TO LOCAL EDUCATIONAL 
AGENCIES. 
Section 1125(c)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6335(c)(2)) is amend-
ed— 
(1) in subparagraph (C), by striking ‘‘The 
amount’’ and inserting ‘‘Except as otherwise pro-
vided in subparagraph (D), the amount’’; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) FISCAL YEAR 2014 AND EACH SUC-
CEEDING FISCAL YEAR.—Notwithstanding sub-
paragraph (C) or any other provision of this 
paragraph— 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(i) for fiscal year 2014, subpara-
graph (C) shall be applied— 
‘‘(I) in clause (ii), by substituting 
‘1.35’ for ‘1.5’; 
‘‘(II) in clause (iii), by sub-
stituting ‘1.8’ for ‘2.0’; 
‘‘(III) in clause (iv), by sub-
stituting ‘2.25’ for ‘2.5’; and 
‘‘(IV) in clause (v), by sub-
stituting ‘2.7’ for ‘3.0’; 
‘‘(ii) for fiscal year 2015, subpara-
graph (C) shall be applied— 
‘‘(I) in clause (ii), by substituting 
‘1.2’ for ‘1.5’; 
‘‘(II) in clause (iii), by sub-
stituting ‘1.6’ for ‘2.0’; 
‘‘(III) in clause (iv), by sub-
stituting ‘2.0’ for ‘2.5’; and 
‘‘(IV) in clause (v), by sub-
stituting ‘2.4’ for ‘3.0’; 
‘‘(iii) for fiscal year 2016, subpara-
graph (C) shall be applied— 
‘‘(I) in clause (ii), by substituting 
‘1.05’ for ‘1.5’; 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(II) in clause (iii), by sub-
stituting ‘1.4’ for ‘2.0’; 
‘‘(III) in clause (iv), by sub-
stituting ‘1.75’ for ‘2.5’; and 
‘‘(IV) in clause (v), by sub-
stituting ‘2.1’ for ‘3.0’; and 
‘‘(iv) for fiscal year 2017 and each 
succeeding fiscal year, subparagraph (C) 
shall be applied— 
‘‘(I) in clause (i), by substituting 
‘2,262’ for ‘691’; 
‘‘(II) by striking clause (ii); 
‘‘(III) in clause (iii), by sub-
stituting ‘1.2’ for ‘2.0’; 
‘‘(IV) in clause (iv), by sub-
stituting ‘1.5’ for ‘2.5’; and 
‘‘(V) in clause (v), by sub-
stituting ‘1.8’ for ‘3.0’.’’. 
SEC. 4. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 
(a) STATES WITH AN EQUITY FACTOR LESS THAN 
0.10.—Section 1125A(d)(1)(B) of the Elementary and 
Secondary 
Education 
Act 
of 
1965 
(20 
U.S.C. 
6337(d)(1)(B)) is amended— 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
(1) in clause (iii), by striking ‘‘The amount’’ 
and inserting ‘‘Except as otherwise provided in 
clause (iv), the amount’’; and 
(2) by adding at the end the following: 
‘‘(iv) FISCAL
YEAR
2014
AND
EACH 
SUCCEEDING
FISCAL
YEAR.—Notwith-
standing clause (iii) or any other provision 
of this subparagraph— 
‘‘(I) for fiscal year 2014, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.35’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.8’ for ‘2.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.25’ for ‘2.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘2.7’ for ‘3.0’; 
‘‘(II) for fiscal year 2015, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.2’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.6’ for ‘2.0’; 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(cc) in subclause (IV), by 
substituting ‘2.0’ for ‘2.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘2.4’ for ‘3.0’; 
‘‘(III) for fiscal year 2016, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.05’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.4’ for ‘2.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘1.75’ for ‘2.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘2.1’ for ‘3.0’; and 
‘‘(IV) for fiscal year 2017 and 
each succeeding fiscal year, clause (iii) 
shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.0’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.2’ for ‘2.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘1.5’ for ‘2.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘1.8’ for ‘3.0’.’’. 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
(b) STATES WITH AN EQUITY FACTOR GREATER 
THAN OR EQUAL TO 0.10 AND LESS THAN 0.20.—Section 
1125A(d)(2)(B) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6337(d)(2)(B)) is amend-
ed— 
(1) in clause (iii), by striking ‘‘The amount’’ 
and inserting ‘‘Except as otherwise provided in 
clause (iv), the amount’’; and 
(2) by adding at the end the following: 
‘‘(iv) FISCAL
YEAR
2014
AND
EACH 
SUCCEEDING
FISCAL
YEAR.—Notwith-
standing clause (iii) or any other provision 
of this subparagraph— 
‘‘(I) for fiscal year 2014, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.35’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.025’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘3.038’ for ‘3.375’; 
and 
‘‘(dd) in subclause (V), by 
substituting ‘4.05’ for ‘4.5’; 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(II) for fiscal year 2015, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.2’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.8’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.7’ for ‘3.375’; and 
‘‘(dd) in subclause (V), by 
substituting ‘3.6’ for ‘4.5’; 
‘‘(III) for fiscal year 2016, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.05’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.575’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.363’ for ‘3.375’; 
and 
‘‘(dd) in subclause (V), by 
substituting ‘3.15’ for ‘4.5’; and 
‘‘(IV) for fiscal year 2017 and 
each succeeding fiscal year, clause (iii) 
shall be applied— 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(aa) in subclause (II), by 
substituting ‘1.0’ for ‘1.5’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.35’ for ‘2.25’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.025’ for ‘3.375’; 
and 
‘‘(dd) in subclause (V), by 
substituting ‘2.70’ for ‘4.5’.’’. 
(c) STATES WITH AN EQUITY FACTOR GREATER 
THAN OR EQUAL TO 0.20.—Section 1125A(d)(3)(B) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6337(d)(3)(B)) is amended— 
(1) in clause (iii), by striking ‘‘The amount’’ 
and inserting ‘‘Except as otherwise provided in 
clause (iv), the amount’’; and 
(2) by adding at the end the following: 
‘‘(iv) FISCAL
YEAR
2014
AND
EACH 
SUCCEEDING
FISCAL
YEAR.—Notwith-
standing clause (iii) or any other provision 
of this subparagraph— 
‘‘(I) for fiscal year 2014, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.80’ for ‘2.0’; 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(bb) in subclause (III), by 
substituting ‘2.70’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘4.05’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘5.4’ for ‘6.0’; 
‘‘(II) for fiscal year 2015, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.6’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.4’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘3.6’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘4.8’ for ‘6.0’; 
‘‘(III) for fiscal year 2016, clause 
(iii) shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.4’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘2.1’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘3.15’ for ‘4.5’; and 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS
‘‘(dd) in subclause (V), by 
substituting ‘4.2’ for ‘6.0’; and 
‘‘(IV) for fiscal year 2017 and 
each succeeding fiscal year, clause (iii) 
shall be applied— 
‘‘(aa) in subclause (II), by 
substituting ‘1.2’ for ‘2.0’; 
‘‘(bb) in subclause (III), by 
substituting ‘1.8’ for ‘3.0’; 
‘‘(cc) in subclause (IV), by 
substituting ‘2.7’ for ‘4.5’; and 
‘‘(dd) in subclause (V), by 
substituting ‘3.6’ for ‘6.0’.’’. 
Æ 
VerDate Mar 15 2010 
01:30 Jul 12, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H2658.IH
H2658
tjames on DSK6SPTVN1PROD with BILLS