What This Bill Does
This bill allows states to combine certain federal education funds into one pot and decide how to spend that money to improve student achievement. Instead of following separate rules for each federal program, a state can create its own plan for how to use the combined funds while still reporting results to parents and taxpayers.
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Who It Affects
States, state education agencies, local school districts, public schools, private schools, parents, students, and taxpayers.
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Key Provisions
- States can submit a "State management decision" to the Secretary of Education to combine federal education funds from multiple programs into one consolidated amount (Sec. 2(a))
- The state must include at least two of the following to authorize this decision: the Governor, the highest elected education official, or the state legislature (Sec. 1(c)(2)(D))
- States can use the combined funds for any educational purpose allowed by state law, except they cannot include funds from the Individuals with Disabilities Education Act (Sec. 2(b)(1) and 2(b)(2))
- States must report annually to parents and the public about student progress, including how federal funds improved academic achievement (Sec. 3(c))
- States can spend no more than 1 percent of the combined federal funds on administrative costs, unless they exclude certain programs, in which case the limit is 3 percent (Sec. 4)
- The state's plan must last between 5 and 10 years (Sec. 2(d))
- Private schools must be allowed to participate in activities funded by these combined federal dollars the same way they participate in other federal programs (Sec. 5)
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What Changes
If this bill becomes law, states gain the option to consolidate federal education funding instead of managing each federal program separately. States would have more flexibility to decide how to spend combined federal dollars to support their education goals. States would need to establish their own system to measure student progress and report results to the public. The federal government would limit its oversight of how states spend the combined funds, as long as states follow federal civil rights laws and report on results.
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Important Definitions
- **State Management Decision**: A choice by a state to take full responsibility for managing federal education funds for certain programs to improve the state's education policies in a more comprehensive way.
- **State Authorizing Officials**: The state officials (at least two of: Governor, highest elected education official, or state legislature) who approve the state's decision to combine federal funds.
- **State Designated Officer**: The person chosen by state officials to submit the funding plan to the federal Secretary of Education and to be the main contact for the state about this law.
- **Accountability**: Public schools must answer to parents and taxpayers for how they use public money and must report student progress to them on a regular basis.
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I
118TH CONGRESS
1ST SESSION H. R. 1185
To allow a State to submit a State management decision to the Secretary
of Education to combine certain funds to improve the academic achieve-
ment of students.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 2023
Mrs. LESKO (for herself and Mrs. MILLER of Illinois) introduced the following
bill; which was referred to the Committee on Education and the Workforce
A BILL
To allow a State to submit a State management decision
to the Secretary of Education to combine certain funds
to improve the academic achievement of students.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘Make Education Local Act of 2023’’.
5
(b) PURPOSE.—The purposes of this Act are as fol-
6
lows:
7
(1) To give States and local communities added
8
flexibility and control to determine how to improve
9
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•HR 1185 IH
academic achievement and implement education pol-
1
icy.
2
(2) To reduce the administrative costs and com-
3
pliance burden of Federal education programs in
4
order to focus Federal resources on improving aca-
5
demic achievement.
6
(3) To ensure that States and communities are
7
accountable to the public and to parents for advanc-
8
ing the academic achievement of all students, espe-
9
cially disadvantaged children.
10
(c) DEFINITIONS.—
11
(1) IN
GENERAL.—Except as otherwise pro-
12
vided, the terms used in this Act have the meanings
13
given the terms in section 8101 of the Elementary
14
and Secondary Education Act of 1965 (20 U.S.C.
15
7801 et seq.).
16
(2) OTHER TERMS.—In this Act:
17
(A) ACCOUNTABILITY.—The term ‘‘ac-
18
countability’’ means that public schools are an-
19
swerable to parents and other taxpayers for the
20
use of public funds and shall report student
21
academic progress to parents and taxpayers
22
regularly.
23
(B) STATE.—The term ‘‘State’’ has the
24
meaning given such term in section 1122(e) of
25
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•HR 1185 IH
the Elementary and Secondary Education Act
1
of 1965 (20 U.S.C. 6332(e)).
2
(C) STATE MANAGEMENT DECISION.—The
3
term ‘‘State management decision’’ means a de-
4
cision by a State, as determined by State Au-
5
thorizing Officials or by referendum, to assume
6
full management responsibility for the expendi-
7
ture of Federal funds for certain eligible pro-
8
grams for the purpose of advancing, on a more
9
comprehensive and effective basis, the edu-
10
cational policy of such State.
11
(D) STATE AUTHORIZING OFFICIALS.—The
12
term ‘‘State Authorizing Officials’’ means the
13
State officials who shall authorize the submis-
14
sion of a State management decision, and any
15
amendments thereto, on behalf of the State.
16
Such officials shall include not less than two of
17
the following:
18
(i) The Governor of the State.
19
(ii) The highest elected education offi-
20
cial of the State, if any.
21
(iii) The legislature of the State.
22
(E) STATE
DESIGNATED
OFFICER.—The
23
term ‘‘State Designated Officer’’ means the
24
person designated by the State Authorizing Of-
25
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•HR 1185 IH
ficials to submit to the Secretary, on behalf of
1
the State, a State management decision, and
2
any amendments thereto, and to function as the
3
point-of-contact for the State for the Secretary
4
and others relating to any responsibilities aris-
5
ing under this Act.
6
SEC. 2. STATE MANAGEMENT DECISION.
7
(a) IN GENERAL.—Each State is authorized to sub-
8
mit to the Secretary a State management decision permit-
9
ting the State to receive Federal funds on a consolidated
10
basis to manage the expenditure of such funds to advance
11
the educational policy of the State.
12
(b) PROGRAMS ELIGIBLE FOR CONSOLIDATION AND
13
PERMISSIBLE USE OF FUNDS.—
14
(1) SCOPE.—A State may choose to include
15
within the scope of the State management decision
16
of the State any program for which Congress makes
17
funds available to the State if the program is for a
18
purpose described in the Elementary and Education
19
Secondary Act of 1965 (20 U.S.C. 6301). A State
20
may not include any program funded pursuant to
21
the Individuals with Disabilities Education Act (20
22
U.S.C. 1400 et seq.).
23
(2) USES OF FUNDS.—Funds made available to
24
a State pursuant to a State management decision
25
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•HR 1185 IH
under this Act shall be used for any educational pur-
1
pose permitted by State law of the State submitting
2
a State management decision.
3
(3) REMOVAL
OF
FISCAL
AND
ACCOUNTING
4
BARRIERS.—Each State educational agency that op-
5
erates under a State management decision under
6
this Act may modify or eliminate State fiscal and ac-
7
counting barriers that prevent local educational
8
agencies and schools from easily consolidating funds
9
from other eligible Federal, State, and local sources
10
in order to improve educational opportunities and re-
11
duce unnecessary fiscal and accounting require-
12
ments.
13
(c) CONTENTS OF DECISION.—Each State manage-
14
ment decision shall contain—
15
(1) a list of eligible programs that are subject
16
to the State management decision;
17
(2) an assurance that the submission of the
18
State management decision has been authorized by
19
the State Authorizing Officials, specifying the iden-
20
tity of the State Designated Officer;
21
(3) the duration of the State management deci-
22
sion;
23
(4) an assurance that the State will use fiscal
24
control and fund accounting procedures;
25
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(5) an assurance that the State will meet the
1
requirements of applicable Federal civil rights laws
2
in carrying out the State management decision and
3
in consolidating and using the funds under the State
4
management decision;
5
(6) an assurance that in implementing the
6
State management decision the State will seek to ad-
7
vance educational opportunities for the disadvan-
8
taged;
9
(7) a description of the plan for maintaining di-
10
rect accountability to parents and other citizens of
11
the State;
12
(8) an assurance that in implementing the
13
State management decision, the State will seek to
14
use Federal funds to supplement, rather than sup-
15
plant, State education funding; and
16
(9) a description of how the State will address
17
persistently failing public schools.
18
(d) MINIMUM DURATION.—The duration of the State
19
management decision shall—
20
(1) be greater than or equal to 5 years; and
21
(2) be less than or equal to 10 years.
22
(e) REVIEW, IMPLEMENTATION, AND RECOGNITION
23
BY THE SECRETARY.—
24
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•HR 1185 IH
(1) IN GENERAL.—The Secretary shall review
1
the State management decision received from the
2
State Designated Officer not more than 60 days
3
after the date of receipt of such decision, and shall
4
approve, with respect to permitting the State to re-
5
ceive the funds described in subsection (a), such
6
State management decision unless the State man-
7
agement decision fails to meet the requirements
8
under subsection (c).
9
(2) RECOGNITION BY OPERATION OF LAW.—If
10
the Secretary fails to take action within the time
11
specified in paragraph (1), the State management
12
decision, as submitted, shall be deemed to be ap-
13
proved.
14
(f) AMENDMENT
TO STATE MANAGEMENT DECI-
15
SION.—
16
(1) IN GENERAL.—The State Authorizing Offi-
17
cials may direct the State Designated Officer to sub-
18
mit amendments to a State management decision
19
that is in effect. Such amendments shall be sub-
20
mitted to the Secretary and considered by the Sec-
21
retary in accordance with subsection (e).
22
(2) AMENDMENTS AUTHORIZED.—A State man-
23
agement decision that is in effect may be amended
24
to—
25
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•HR 1185 IH
(A) expand the scope of such State man-
1
agement decision to encompass additional eligi-
2
ble programs;
3
(B) reduce the scope of such State man-
4
agement decision by excluding coverage of a
5
Federal program included in the original State
6
management decision;
7
(C) modify the duration of such State
8
management decision; or
9
(D) achieve such other modifications as the
10
State Authorizing Officials deem appropriate.
11
(3) EFFECTIVE DATE.—The amendment shall
12
specify an effective date. Such effective date shall
13
provide adequate time to assure full compliance with
14
Federal program requirements relating to an eligible
15
program that has been removed from the coverage of
16
the State management decision by the proposed
17
amendment.
18
(4) TREATMENT
OF
PROGRAM
FUNDS
WITH-
19
DRAWN FROM STATE MANAGEMENT DECISION.—Be-
20
ginning on the effective date of an amendment exe-
21
cuted under paragraph (2)(B), each program re-
22
quirement of each program removed from the State
23
management decision shall apply to the State’s use
24
of funds made available under the program.
25
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•HR 1185 IH
SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDU-
1
CATION.
2
(a) IN GENERAL.—Each State operating under a
3
State management decision under this Act shall inform
4
parents and the general public regarding the student
5
achievement assessment system, demonstrating student
6
progress relative to the State’s determination of student
7
proficiency, as described in paragraph (2), for the purpose
8
of public accountability to parents and taxpayers.
9
(b) ACCOUNTABILITY SYSTEM.—
10
(1) IN GENERAL.—The State shall determine
11
and establish an accountability system to ensure ac-
12
countability under this Act.
13
(2) ACADEMIC
ACHIEVEMENT.—Any account-
14
ability system established by a State pursuant to
15
paragraph (1) shall—
16
(A) be focused on the academic achieve-
17
ment of students; and
18
(B) include a system, as determined by the
19
State, of evaluating the academic achievement
20
and progress of students.
21
(c) REPORT
ON STUDENT PROGRESS.—Not later
22
than 1 year after the effective date of the State manage-
23
ment decision, and annually thereafter, a State shall, in
24
a format acceptable to such State, disseminate widely to
25
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•HR 1185 IH
parents and the general public a report that describes stu-
1
dent progress. The report shall include—
2
(1) student performance data disaggregated by
3
various student groups, as determined by the State;
4
(2) a description of other high-quality school
5
options available to parents in the State; and
6
(3) a description of how the State has used
7
Federal funds to improve academic achievement, re-
8
duce achievement disparities between various stu-
9
dent groups, and improve educational opportunities.
10
SEC. 4. ADMINISTRATIVE EXPENSES.
11
(a) IN GENERAL.—Except as provided in subsection
12
(b), the amount that a State with a State management
13
decision may expend for administrative expenses shall be
14
limited to 1 percent of the aggregate amount of Federal
15
funds made available to the State through the eligible pro-
16
grams included within the scope of such State manage-
17
ment decision.
18
(b) STATES NOT CONSOLIDATING FUNDS UNDER
19
PART A OF TITLE I.—If the State management decision
20
does not include within its scope part A of title I of the
21
Elementary and Secondary Education Act of 1965 (20
22
U.S.C. 6311 et seq.), the amount spent by the State on
23
administrative expenses shall be limited to 3 percent of
24
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•HR 1185 IH
the aggregate amount of Federal funds made available to
1
the State pursuant to such State management decision.
2
SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
3
Each State consolidating and using funds pursuant
4
to a State management decision under this Act shall pro-
5
vide for the participation of private school children and
6
teachers in the activities assisted under the State manage-
7
ment decision in the same manner as participation is pro-
8
vided to private school children and teachers under section
9
8501 of the Elementary and Secondary Education Act of
10
1965 (20 U.S.C. 7881).
11
Æ
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