What This Bill Does
This bill allows states to submit a declaration of intent to the Secretary of Education, which lets them combine federal education funds and manage how those funds are spent. States that participate must create a system to hold themselves accountable to parents and taxpayers for how they use the money to improve student achievement.
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Who It Affects
- State governments and state education agencies
- Local school districts and public schools
- Parents and taxpayers in participating states
- Students, especially disadvantaged students
- Private schools in participating states
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Key Provisions
- States can choose to combine federal education funds from most programs under the Elementary and Secondary Education Act by submitting a declaration of intent, but cannot combine funds from the Individuals with Disabilities Education Act (Sec. 4(b))
- States must create an accountability system and report annually to parents and the public about student progress, including how federal funds improved academic achievement and reduced gaps between student groups (Sec. 5(c))
- States must modify or eliminate their own fiscal rules that prevent schools from easily combining federal, state and local funds (Sec. 4(b)(3))
- The Secretary of Education has 60 days to review a state's declaration of intent, and if the Secretary does not act within 60 days, the declaration is automatically approved (Sec. 4(e))
- States can spend no more than 1 percent of combined federal funds on administrative expenses, or 3 percent if the state does not include certain Title I funds (Sec. 6)
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What Changes
If this bill becomes law, participating states gain the authority to consolidate and manage federal education funds instead of receiving them separately for different programs. This gives states flexibility to spend money based on state law rather than individual federal program rules. States must also create public accountability systems and annual progress reports that parents and taxpayers can access. States cannot use these consolidated funds to replace state education funding, only to add to it.
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Important Definitions
- **Accountability:** Public schools must answer to parents and taxpayers for how they use public money and report student progress regularly (Sec. 3(2))
- **Declaration of Intent:** A state's decision to take full control over how federal education funds are spent to carry out the state's education policies more effectively (Sec. 3(3))
- **State Authorizing Officials:** At least 2 of the following who must approve the declaration: the governor, the state's highest elected education official, or the state legislature (Sec. 3(5))
- **State Designated Officer:** The person chosen by state authorizing officials to submit the declaration to the Secretary and be the main point of contact (Sec. 3(6))
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 110
To allow a State to submit a declaration of intent to the Secretary of
Education to combine certain funds to improve the academic achievement
of students.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. DAINES (for himself, Mr. JOHNSON, Mr. SCOTT of Florida, Mrs. BLACK-
BURN, Mr. CRUZ, Mr. BUDD, Mr. HAGERTY, Mr. SCOTT of South Caro-
lina, Mr. RUBIO, and Ms. ERNST) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
A BILL
To allow a State to submit a declaration of intent to the
Secretary of Education to combine certain funds to im-
prove 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.
3
This Act may be cited as the ‘‘Academic Partnerships
4
Lead Us to Success Act’’ or the ‘‘A PLUS Act’’.
5
SEC. 2. PURPOSES.
6
The purposes of this Act are as follows:
7
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•S 110 IS
(1) To give States and local communities added
1
flexibility to determine how to improve academic
2
achievement and implement education reforms.
3
(2) To reduce the administrative costs and com-
4
pliance burden of Federal education programs in
5
order to focus Federal resources on improving aca-
6
demic achievement.
7
(3) To ensure that States and communities are
8
accountable to the public for advancing the academic
9
achievement of all students, especially disadvantaged
10
children.
11
SEC. 3. DEFINITIONS.
12
In this Act:
13
(1) IN
GENERAL.—Except as otherwise pro-
14
vided, the terms used in this Act have the meanings
15
given the terms in section 8101 of the Elementary
16
and Secondary Education Act of 1965 (20 U.S.C.
17
7801 et seq.).
18
(2) ACCOUNTABILITY.—The term ‘‘account-
19
ability’’ means that public schools are answerable to
20
parents and other taxpayers for the use of public
21
funds and shall report student progress to parents
22
and taxpayers regularly.
23
(3) DECLARATION OF INTENT.—The term ‘‘dec-
24
laration of intent’’ means a decision by a State, as
25
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•S 110 IS
determined by State Authorizing Officials or by ref-
1
erendum, to assume full management responsibility
2
for the expenditure of Federal funds for certain eli-
3
gible programs for the purpose of advancing, on a
4
more comprehensive and effective basis, the edu-
5
cational policy of such State.
6
(4) STATE.—The term ‘‘State’’ has the mean-
7
ing given such term in section 1122(e) of the Ele-
8
mentary and Secondary Education Act of 1965 (20
9
U.S.C. 6332(e)).
10
(5) STATE AUTHORIZING OFFICIALS.—The term
11
‘‘State Authorizing Officials’’ means the State offi-
12
cials who shall authorize the submission of a dec-
13
laration of intent, and any amendments thereto, on
14
behalf of the State. Such officials shall include not
15
less than 2 of the following:
16
(A) The Governor of the State.
17
(B) The highest elected education official
18
of the State, if any.
19
(C) The legislature of the State.
20
(6) STATE DESIGNATED OFFICER.—The term
21
‘‘State Designated Officer’’ means the person des-
22
ignated by the State Authorizing Officials to submit
23
to the Secretary, on behalf of the State, a declara-
24
tion of intent, and any amendments thereto, and to
25
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•S 110 IS
function as the point-of-contact for the State for the
1
Secretary and others relating to any responsibilities
2
arising under this Act.
3
SEC. 4. DECLARATION OF INTENT.
4
(a) IN GENERAL.—Each State is authorized to sub-
5
mit to the Secretary a declaration of intent permitting the
6
State to receive Federal funds on a consolidated basis to
7
manage the expenditure of such funds to advance the edu-
8
cational policy of the State.
9
(b) PROGRAMS ELIGIBLE FOR CONSOLIDATION AND
10
PERMISSIBLE USE OF FUNDS.—
11
(1) SCOPE.—A State may choose to include
12
within the scope of the State’s declaration of intent
13
any program for which Congress makes funds avail-
14
able to the State if the program is for a purpose de-
15
scribed in the Elementary and Secondary Education
16
Act of 1965 (20 U.S.C. 6301). A State may not in-
17
clude any program funded pursuant to the Individ-
18
uals with Disabilities Education Act (20 U.S.C.
19
1400 et seq.).
20
(2) USES OF FUNDS.—Funds made available to
21
a State pursuant to a declaration of intent under
22
this Act shall be used for any educational purpose
23
permitted by State law of the State submitting a
24
declaration of intent.
25
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•S 110 IS
(3) REMOVAL
OF
FISCAL
AND
ACCOUNTING
1
BARRIERS.—Each State educational agency that op-
2
erates under a declaration of intent under this Act
3
shall modify or eliminate State fiscal and accounting
4
barriers that prevent local educational agencies and
5
schools from easily consolidating funds from other
6
Federal, State, and local sources in order to improve
7
educational opportunities and reduce unnecessary
8
fiscal and accounting requirements.
9
(c) CONTENTS OF DECLARATION.—Each declaration
10
of intent shall contain—
11
(1) a list of eligible programs that are subject
12
to the declaration of intent;
13
(2) an assurance that the submission of the
14
declaration of intent has been authorized by the
15
State Authorizing Officials, specifying the identity of
16
the State Designated Officer;
17
(3) the duration of the declaration of intent;
18
(4) an assurance that the State will use fiscal
19
control and fund accounting procedures;
20
(5) an assurance that the State will meet the
21
requirements of applicable Federal civil rights laws
22
in carrying out the declaration of intent and in con-
23
solidating and using the funds under the declaration
24
of intent;
25
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•S 110 IS
(6) an assurance that in implementing the dec-
1
laration of intent the State will seek to advance edu-
2
cational opportunities for the disadvantaged;
3
(7) a description of the plan for maintaining di-
4
rect accountability to parents and other citizens of
5
the State; and
6
(8) an assurance that in implementing the dec-
7
laration of intent, the State will seek to use Federal
8
funds to supplement, rather than supplant, State
9
education funding.
10
(d) DURATION.—The duration of the declaration of
11
intent shall not exceed 5 years.
12
(e) REVIEW
AND
RECOGNITION
BY
THE
SEC-
13
RETARY.—
14
(1) IN GENERAL.—The Secretary shall review
15
the declaration of intent received from the State
16
Designated Officer not more than 60 days after the
17
date of receipt of such declaration, and shall recog-
18
nize such declaration of intent unless the declaration
19
of intent fails to meet the requirements under sub-
20
section (c).
21
(2) RECOGNITION BY OPERATION OF LAW.—If
22
the Secretary fails to take action within the time
23
specified in paragraph (1), the declaration of intent,
24
as submitted, shall be deemed to be approved.
25
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•S 110 IS
(f) AMENDMENT TO DECLARATION OF INTENT.—
1
(1) IN GENERAL.—The State Authorizing Offi-
2
cials may direct the State Designated Officer to sub-
3
mit amendments to a declaration of intent that is in
4
effect. Such amendments shall be submitted to the
5
Secretary and considered by the Secretary in accord-
6
ance with subsection (e).
7
(2) AMENDMENTS AUTHORIZED.—A declaration
8
of intent that is in effect may be amended to—
9
(A) expand the scope of such declaration of
10
intent to encompass additional eligible pro-
11
grams;
12
(B) reduce the scope of such declaration of
13
intent by excluding coverage of a Federal pro-
14
gram included in the original declaration of in-
15
tent;
16
(C) modify the duration of such declara-
17
tion of intent; or
18
(D) achieve such other modifications as the
19
State Authorizing Officials deem appropriate.
20
(3) EFFECTIVE DATE.—The amendment shall
21
specify an effective date. Such effective date shall
22
provide adequate time to assure full compliance with
23
Federal program requirements relating to an eligible
24
program that has been removed from the coverage of
25
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•S 110 IS
the declaration of intent by the proposed amend-
1
ment.
2
(4) TREATMENT
OF
PROGRAM
FUNDS
WITH-
3
DRAWN
FROM
DECLARATION
OF
INTENT.—Begin-
4
ning on the effective date of an amendment executed
5
under paragraph (2)(B), each program requirement
6
of each program removed from the declaration of in-
7
tent shall apply to the State’s use of funds made
8
available under the program.
9
SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDU-
10
CATION.
11
(a) IN GENERAL.—Each State operating under a
12
declaration of intent under this Act shall inform parents
13
and the general public regarding the student achievement
14
assessment system, demonstrating student progress rel-
15
ative to the State’s determination of student proficiency
16
for the purpose of public accountability to parents and
17
taxpayers.
18
(b) ACCOUNTABILITY SYSTEM.—The State shall de-
19
termine and establish an accountability system to ensure
20
accountability under this Act.
21
(c) REPORT
ON STUDENT PROGRESS.—Not later
22
than 1 year after the effective date of the declaration of
23
intent, and annually thereafter, a State shall disseminate
24
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•S 110 IS
widely to parents and the general public a report that de-
1
scribes student progress. The report shall include—
2
(1) student performance data disaggregated in
3
the same manner as data are disaggregated under
4
section 1111(b)(2)(B)(xi) of the Elementary and
5
Secondary Education Act of 1965 (20 U.S.C.
6
6311(b)(2)(B)(xi)); and
7
(2) a description of how the State has used
8
Federal funds to improve academic achievement, re-
9
duce achievement disparities between various stu-
10
dent groups, and improve educational opportunities
11
for the disadvantaged.
12
SEC. 6. ADMINISTRATIVE EXPENSES.
13
(a) IN GENERAL.—Except as provided in subsection
14
(b), the amount that a State with a declaration of intent
15
may expend for administrative expenses shall be limited
16
to 1 percent of the aggregate amount of Federal funds
17
made available to the State through the eligible programs
18
included within the scope of such declaration of intent.
19
(b) STATES NOT CONSOLIDATING FUNDS UNDER
20
PART A OF TITLE I.—If the declaration of intent does
21
not include within its scope part A of title I of the Elemen-
22
tary and Secondary Education Act of 1965 (20 U.S.C.
23
6311 et seq.), the amount spent by the State on adminis-
24
trative expenses shall be limited to 3 percent of the aggre-
25
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•S 110 IS
gate amount of Federal funds made available to the State
1
pursuant to such declaration of intent.
2
SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
3
Each State consolidating and using funds pursuant
4
to a declaration of intent under this Act shall provide for
5
the participation of private school children and teachers
6
in the activities assisted under the declaration of intent
7
in the same manner as participation is provided to private
8
school children and teachers under section 8501 of the El-
9
ementary and Secondary Education Act of 1965 (20
10
U.S.C. 7881).
11
Æ
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