I 
113TH CONGRESS 
1ST SESSION H. R. 1386 
To support the local decision-making functions of local educational agencies 
by limiting the authority of the Secretary of Education to issue regula-
tions, rules, grant conditions, and guidance materials, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2013 
Mr. SCHOCK (for himself, Mr. MEEHAN, Mr. VALADAO, Mr. RODNEY DAVIS 
of Illinois, and Mr. KIND) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
A BILL 
To support the local decision-making functions of local edu-
cational agencies by limiting the authority of the Sec-
retary of Education to issue regulations, rules, grant 
conditions, and guidance materials, and for other pur-
poses. 
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 ‘‘Local School Board 
Governance and Flexibility Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
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(1) the responsibility for education resides with 
the States, which have delegated to local school 
boards the power and authority to adopt policies, es-
tablish priorities, and provide accountability to direct 
the operation of neighborhood schools; 
(2) local school boards are held accountable by 
local voters to represent the interests of students, 
parents, local businesses, civic organizations, tax-
payers, and the community at large in determining, 
subject to State laws and policies, the direction, val-
ues, climate, and financial support of the schools in 
their community; 
(3) the vital national interest in local self-gov-
ernance of local educational agencies has been weak-
ened through Department of Education require-
ments that are either unnecessary to achieve the 
specific direction of legislation enacted by the Con-
gress, or that impose unnecessary limits on the flexi-
bility needed by local educational agencies in order 
to meet local, State, and Federal goals in education; 
and 
(4) to support the local decisionmaking function 
of local educational agencies, the Secretary of Edu-
cation should engage only in issuing regulations, 
rules, grant conditions, guidance materials, and 
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other requirements under the jurisdiction of the De-
partment that are— 
(A) specifically required to implement Fed-
eral legislation, and 
(B) demonstrated to be educationally, 
operationally, and financially within the capac-
ity of local educational agencies to implement. 
SEC. 3. AUTHORITY OF THE SECRETARY. 
Unless specifically authorized by Federal law, the 
Secretary may not issue a Federal regulation, rule, grant 
condition, guidance material, or other requirement per-
taining to a State educational agency or a local edu-
cational agency that— 
(1) conflicts with the power and authority of 
the local educational agency delegated by the State 
regarding the operation of the schools (including the 
school system’s mission and goals, organization, 
local budget and budget priorities, education pro-
gram, curriculum, or extra-curricular activities), stu-
dent health services and safety, transportation and 
school boundaries, procurement policies, staffing and 
personnel policies, capital construction, authority to 
levy taxes, issue bonds, acquire land, and other func-
tions essential to the daily operation of the schools 
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educational agencies and national education organi-
zations consistent with the provisions of section 4(a); 
or 
(7) places conditions or requirements on a 
grant to a State or local educational agency that are 
not directly related to or support the intent of the 
specific purpose of the grant or the legislation au-
thorizing such grant. 
SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL 
IMPACT. 
(a) IN GENERAL.—During each fiscal year (begin-
ning with the fiscal year following the fiscal year in which 
this Act is enacted), the Secretary of Education shall pro-
vide local educational agencies and the major national edu-
cation organizations, including those representing local 
school boards, local school superintendents, principals, and 
teachers, a minimum of 60 days in order to provide writ-
ten comments regarding the local impact of implementing 
Federal regulations, rules, grant conditions, guidance ma-
terials, or other requirements for any applicable program 
or activity of the Secretary. 
(b) REPORT.—The Secretary of Education shall pre-
pare and publish a report based on the comments received 
pursuant to subsection (a), which shall be forwarded to 
the chairs and ranking members of the Education and 
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Workforce Committee of the House of Representatives and 
the Health, Education, Labor and Pensions Committee of 
the Senate not later than July 1 of each year and shall 
be simultaneously posted on the Department of Edu-
cation’s website. 
SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PRO-
GRAMS. 
(a) ELIMINATING REPORTING DUPLICATIONS.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Education shall conduct a review 
of existing reporting requirements applicable to local edu-
cational agencies resulting from programs and activities 
under the jurisdiction of the Department of Education to 
determine duplications and make modifications as nec-
essary to eliminate such reporting duplications. 
(b) PROHIBITION.—The Secretary may not promul-
gate any regulation, rule, guidance material, grant condi-
tion, or other requirement pertaining to a State edu-
cational agency or a local educational agency, without first 
taking the following actions: 
(1) Requesting data and recommendations from 
local educational agencies and the major national 
education organizations representing local school 
boards, local school superintendents, principals, and 
teachers regarding the educational, financial, and 
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operational costs involved for implementation, and 
publishing the data and recommendations provided 
upon issuance of such regulation, rule, guidance ma-
terial, grant condition, or other requirement and 
posting that information on the Department of Edu-
cation’s website. 
(2) Verifying, based on the data set forth in 
paragraph (1), that local educational agencies will 
have the financial resources and the technical assist-
ance they may need to successfully implement the 
regulation, rule, guidance material, grant condition, 
or other requirement including any Federal require-
ment that would extend beyond the time that Fed-
eral assistance is available for that purpose. 
(3) Providing local educational agencies and the 
national education organizations identified in para-
graph (1) with not less than 60 days notice following 
the Secretary’s publication of a notice of intent to 
issue any regulation, rule, guidance material, grant 
condition, or other requirement to respond, unless a 
shorter time period is needed to meet an emergency 
such as a declared natural disaster. 
(4) Ensuring that maximum flexibility is pro-
vided to local educational agencies in implementing 
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any regulation, rule, guidance material, grant condi-
tion, or other requirement. 
(c) REVIEW AND RESPONSE.—If a local educational 
agency or an organization identified in subsection (b) pro-
vides the Secretary of Education with a written statement 
demonstrating that a regulation, rule, guidance material, 
grant condition, or other requirement does not meet the 
substantive or procedural requirements of this Act, the 
Secretary, or the Secretary’s designee, shall review the 
merits of that statement, provide a written response within 
60 days, and post that response on the Department of 
Education’s website, including what action, if any, the 
Secretary will take to correct any deficiency that the Sec-
retary determines exists. 
Æ 
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