I 
112TH CONGRESS 
1ST SESSION H. R. 2514 
To allow a State to combine certain funds and enter into a performance 
agreement with the Secretary of Education to improve the academic 
achievement of students. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2011 
Mr. BISHOP of Utah (for himself, Mr. AKIN, Mr. BENISHEK, Mrs. BLACK-
BURN, Mr. CANSECO, Mr. CHAFFETZ, Mr. DUNCAN of South Carolina, 
Mr. HENSARLING, Mr. HERGER, Mr. HUIZENGA of Michigan, Mr. ISSA, 
Mr. JONES, Mr. KINGSTON, Mr. LAMBORN, Mr. LANKFORD, Mr. MAN-
ZULLO, Mr. MCHENRY, Mrs. MYRICK, Mr. PAUL, Mr. PITTS, Mr. 
RIGELL, Mr. ROGERS of Michigan, Mr. RYAN of Wisconsin, Mr. WILSON 
of South Carolina, Mr. LANDRY, Mr. CAMPBELL, and Mr. AUSTIN SCOTT 
of Georgia) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To allow a State to combine certain funds and enter into 
a performance agreement with the Secretary of Edu-
cation to improve the academic achievement of students. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS; PUR-
POSES; DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Academic Partnerships Lead Us to Success Act’’ or the 
‘‘A PLUS Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents; purposes; definitions. 
Sec. 2. Performance agreements. 
Sec. 3. Programs eligible for consolidation and permissible use of funds. 
Sec. 4. Maintenance of academic performance standards; accountability system. 
Sec. 5. Maintenance of funding levels spent by States on education. 
Sec. 6. Administrative expenses. 
Sec. 7. Equitable participation of private schools. 
Sec. 8. Annual reports. 
Sec. 9. Performance review and early termination. 
(c) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To give States and local communities max-
imum flexibility to determine how to boost academic 
achievement and implement education reforms. 
(2) To reduce the administrative costs and com-
pliance burden of Federal education programs in 
order to focus Federal resources on improving aca-
demic achievement. 
(3) To ensure that States and communities are 
accountable to the public for advancing the academic 
achievement of all students, especially disadvantaged 
children. 
(d) DEFINITIONS.—In this Act: 
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(1) IN
GENERAL.—Except as otherwise pro-
vided, the terms used in this Act have the meanings 
given the terms in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801 et seq.). 
(2) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 1122(e) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6332(e)). 
SEC. 2. PERFORMANCE AGREEMENTS. 
(a) AUTHORITY.—In accordance with this Act, the 
Secretary shall enter into performance agreements with 
States under which, except as otherwise provided in this 
Act, States may consolidate and use funds pursuant to 
section 3. 
(b) REQUIRED TERMS OF PERFORMANCE AGREE-
MENT.—Each performance agreement entered into by the 
Secretary under this Act shall include the following: 
(1) DURATION.—The performance agreement 
shall be for a period of 5 years. Such 5-year period 
shall be determined by the State. 
(2) APPLICATION
OF
PROGRAM
REQUIRE-
MENTS.—The performance agreement shall provide 
that no requirements of any program described in 
section 3 and included by the State within the scope 
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of the performance agreement shall apply to the 
State, except as otherwise provided in this Act. 
(3) LIST
OF
PROGRAMS.—The performance 
agreement shall list which of the programs described 
in section 3 are included within the scope of the per-
formance agreement. 
(4) USE
OF
FUNDS
TO
IMPROVE
STUDENT 
ACHIEVEMENT.—The performance agreement shall 
contain a 5-year plan describing how the State in-
tends to combine and use the funds from programs 
included within the scope of the performance agree-
ment to advance the education priorities of the 
State, improve student academic achievement, and 
narrow achievement gaps. 
(5) ACCOUNTABILITY
SYSTEM.—The perform-
ance agreement shall describe an accountability sys-
tem that meets the requirements of section 4. 
(6) ACHIEVEMENT GOALS.— 
(A) STUDENT ACADEMIC ACHIEVEMENT.— 
The performance agreement shall require the 
State to demonstrate the State’s academic 
achievement goals and measures to be achieved 
over the duration of the performance agree-
ment. 
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(B) 
CONSISTENCY
OF
ACHIEVEMENT 
MEASURES.—The performance agreement shall 
require that the State maintain, at a minimum, 
the same level of challenging State student aca-
demic achievement standards and academic as-
sessments throughout the duration of the per-
formance agreement. 
(C) 
REPORTING
OF
DISAGGREGATED 
DATA.—The performance agreement shall re-
quire the State to report, in the annual report 
under section 8, data disaggregated in the same 
manner as data are disaggregated under section 
1111(b)(3)(C)(xiii) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6311(b)(3)(C)(xiii)). 
(c) APPLICATION.— 
(1) IN GENERAL.—Each State desiring to enter 
into a performance agreement with the Secretary 
under this Act shall submit an application to the 
Secretary at such time, and accompanied by such in-
formation, as the Secretary may require. 
(2) CONTENTS.—Each such application shall 
contain— 
(A) a proposed performance agreement; 
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(B) a description of the State’s account-
ability system for the proposed performance 
agreement as described in section 4; 
(C) an assurance that the State will use 
fiscal control and fund accounting procedures; 
(D) an assurance that the State will con-
tinue to pursue the goal of improving edu-
cational opportunities for the disadvantaged; 
and 
(E) an assurance that not less than 2 of 
the following approved the proposed perform-
ance agreement: 
(i) The Governor of the State. 
(ii) The State legislature. 
(iii) The State educational agency. 
(d) APPROVAL OF PERFORMANCE AGREEMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the receipt of a proposed performance agreement 
submitted by a State, the Secretary shall approve 
the performance agreement or provide the State with 
a written determination that the performance agree-
ment fails to satisfy a requirement of this Act. 
(2) TREATMENT AS APPROVED.—Each perform-
ance agreement for which the Secretary fails to take 
the action required in paragraph (1) in the time pe-
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riod described in such paragraph shall be considered 
to be approved. 
(3) REQUIREMENT
TO
EXECUTE
APPROVED 
AGREEMENTS.—In accordance with this Act, the 
Secretary shall enter into each performance agree-
ment approved under this subsection. 
(4) DISAPPROVAL
OF
PERFORMANCE
AGREE-
MENT.—If the State’s performance agreement is dis-
approved, then the State shall have 30 days to re-
submit a revised performance agreement. The Sec-
retary shall approve the revised performance agree-
ment within 30 days of receipt of the revised per-
formance agreement or provide the State with a 
written determination that the revised performance 
agreement fails to satisfy a requirement of this Act. 
(e) CIVIL RIGHTS.—The Secretary may not enter 
into a performance agreement with a State under this sec-
tion unless the performance agreement contains an assur-
ance that the State will meet the requirements of applica-
ble Federal civil rights laws in carrying out the perform-
ance agreement and in consolidating and using the funds 
under the performance agreement. 
(f) AMENDMENT TO PERFORMANCE AGREEMENT.— 
(1) IN GENERAL.—In each of the following cir-
cumstances, the Secretary, subject to approval under 
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paragraph (2), shall agree to amend a performance 
agreement entered into with a State under this Act: 
(A) REDUCTION IN SCOPE OF PERFORM-
ANCE AGREEMENT.—A State seeks to amend 
the performance agreement to remove from the 
scope of the performance agreement any pro-
gram described in section 3. 
(B) EXPANSION OF SCOPE OF PERFORM-
ANCE AGREEMENT.—A State seeks to amend 
the performance agreement to include within 
the scope of the performance agreement any ad-
ditional program described in section 3 or any 
additional measure of accountability for which 
the State will be held accountable. 
(2) APPROVAL OF AMENDMENT.— 
(A) IN GENERAL.—Not later than 60 days 
after the receipt of a proposed performance 
agreement amendment submitted by a State, 
the Secretary shall approve the amendment or 
provide the State with a written determination 
that the amendment fails to satisfy a require-
ment of this Act. 
(B) TREATMENT
AS
APPROVED.—Each 
amendment for which the Secretary fails to 
take the action required in subparagraph (A) in 
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the time period described in such subparagraph 
shall be considered to be approved. 
(3) TREATMENT
OF
PROGRAM
FUNDS
WITH-
DRAWN FROM AGREEMENT.—Beginning on the effec-
tive date of an amendment executed under para-
graph (1)(A), each program requirement of each 
program removed from the scope of a performance 
agreement shall apply to the State’s use of funds 
made available under the program. 
SEC. 3. PROGRAMS ELIGIBLE FOR CONSOLIDATION AND 
PERMISSIBLE USE OF FUNDS. 
(a) SCOPE.—A State may choose to include within 
the scope of its performance agreement any program for 
which Congress makes funds available to the State if the 
program is for a purpose described in section 1001 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301). 
(b) USES OF FUNDS.—Funds made available to a 
State pursuant to a performance agreement under this Act 
shall be used for any educational purpose permitted by 
State law of the State participating in the performance 
agreement. 
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SEC. 4. MAINTENANCE OF ACADEMIC PERFORMANCE 
STANDARDS; ACCOUNTABILITY SYSTEM. 
Each State consolidating and using funds under this 
Act shall demonstrate an accountability system for the 
State’s performance agreement. The accountability system 
shall— 
(1) utilize the State’s adequate yearly progress 
determination under section 1111(b) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)); or 
(2) utilize another measure of annual student 
progress relative to the State’s determination of stu-
dent proficiency, if such measure— 
(A) is used for the entire 5-year duration 
of the performance agreement; and 
(B) provides student achievement data— 
(i) in terms of individual student 
progress over time; or 
(ii) in a comparison assessment. 
SEC. 5. MAINTENANCE OF FUNDING LEVELS SPENT BY 
STATES ON EDUCATION. 
For each State consolidating and using funds pursu-
ant to a performance agreement under this Act, for each 
school year of the performance agreement, the aggregate 
amount of funds spent by the State on elementary and 
secondary education shall be not less than 90 percent of 
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the aggregate amount of funds spent by the State on ele-
mentary and secondary education for the school year that 
coincides with the date of enactment of this Act. If a State 
demonstrates that exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous 
and unforeseen decline in the financial resources of the 
State, prevent the State from complying with the pre-
ceding sentence, the Secretary shall waive the applicability 
of the preceding sentence to the State. 
SEC. 6. ADMINISTRATIVE EXPENSES. 
(a) STATES CONSOLIDATING FUNDS UNDER PART A 
OF TITLE I.—Each State that includes part A of title I 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) within the scope of a perform-
ance agreement under this Act may use, for administrative 
expenses, not more than 1 percent of the total amount 
of funds made available to the State under the programs 
included within the scope of the performance agreement. 
(b) STATES NOT CONSOLIDATING FUNDS UNDER 
PART A OF TITLE I.—Each State that does not include 
part A of title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) within the 
scope of a performance agreement under this Act may use, 
for administrative expenses, not more than 3 percent of 
the total amount of funds made available to the State 
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under the programs included within the scope of the per-
formance agreement. 
SEC. 7. PARTICIPATION BY PRIVATE SCHOOL CHILDREN 
AND TEACHERS. 
Each State consolidating and using funds pursuant 
to a performance agreement under this Act shall provide 
for the participation of private school children and teach-
ers in the activities assisted under the performance agree-
ment in the same manner as participation is provided to 
private school children and teachers under section 9501 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7881). 
SEC. 8. ANNUAL REPORTS. 
(a) IN GENERAL.—Not later than 1 year after the 
execution of the performance agreement, and annually 
thereafter, each State shall disseminate widely to the par-
ents, the general public, and the Secretary, a report that 
includes— 
(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, 
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narrow the achievement gap, and improve edu-
cational opportunities for the disadvantaged. 
(b) SUBMISSION TO CONGRESS.—Not later than 60 
days after the Secretary receives a report under subsection 
(a), the Secretary shall submit such report to Congress, 
together with any other information the Secretary con-
siders appropriate. 
SEC. 9. PERFORMANCE REVIEW AND EARLY TERMINATION. 
(a) REVIEW.—For each State having in effect a per-
formance agreement under this Act, the Secretary shall 
carry out a review of the performance agreement, at the 
midpoint of the duration of the performance agreement, 
in order to determine whether the State has met the terms 
of the performance agreement described in section 2. 
(b) EARLY TERMINATION.—The Secretary may ter-
minate a performance agreement, before the duration of 
that performance agreement expires, if the State does not, 
for 3 consecutive school years, meet the terms of the per-
formance agreement described in section 2. 
Æ 
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