S. 309 — A PLUS Act

This section states the purposes of the Act, which are to (1) provide states and local communities added flexibility to improve academic achievement and implement education reforms, (2) reduce administrative costs and compliance burdens of federal education programs to focus resources on improving academic achievement, and (3) ensure states and communities are accountable to the public for advancing academic achievement of all students, especially disadvantaged children.

This section defines terms used in the Act, incorporating by reference the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) except as otherwise provided. It further defines (1) "accountability" as public schools being answerable to parents and taxpayers for public funds and regularly reporting student progress; (2) "declaration of intent" as a state's decision, as determined by state authorizing officials or referendum, to assume full management responsibility for federal funds for eligible programs to advance state educational policy; (3) "State" as having the meaning given in section 1122(e) of the ESEA (20 U.S.C. 6332(e)); (4) "State Authorizing Officials" as state officials—including at least two of the Governor, highest elected education official, or legislature—who authorize submission of a declaration of intent; and (5) "State Designated Officer" as the person designated to submit the declaration and serve as the state's point of contact with the Secretary.

This section authorizes each state to submit a declaration of intent to the Secretary of Education to consolidate federal funds from any program whose purpose is described in the Elementary and Secondary Education Act of 1965 (ESEA, 20 U.S.C. 6301 et seq.)—excluding programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)—and to use such funds for any educational purpose permitted by state law. (Thus, states must remove state fiscal and accounting barriers to local consolidation of federal, state, and local funds; declarations, which last up to 5 years, require specified assurances on fiscal controls, civil rights, accountability to parents, and supplementing state funds; and the Secretary must recognize a declaration within 60 days or it is deemed approved.) This section further permits states to amend declarations to expand or reduce program scope, modify duration, or make other changes, with program requirements reinstated for any funds withdrawn from consolidation.

This section requires each state operating under a declaration of intent under this Act to (1) inform parents and the general public about the state's student achievement assessment system, including student progress relative to the state's proficiency standards for public accountability; (2) establish an accountability system; and (3) not later than one year after the effective date of the declaration and annually thereafter, disseminate to parents and the general public a report on student progress that includes (a) student performance data disaggregated as required under ESEA section 1111(b)(2)(B)(xi) (i.e., by subgroups such as race, socioeconomic status, English proficiency, and disability status) and (b) a description of the state's use of federal funds to improve academic achievement, reduce achievement gaps, and expand opportunities for disadvantaged students.

This section limits a state's administrative expenses under a declaration of intent to 1% of the aggregate amount of federal funds made available through the included eligible programs. If the declaration excludes part A of title I of the Elementary and Secondary Education Act of 1965 (i.e., grants to local educational agencies), the limit increases to 3%.

This section requires each state consolidating and using funds pursuant to a declaration of intent under this Act to provide for the equitable participation of private school children and teachers in the assisted activities, in the same manner as under section 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). (That section requires local educational agencies receiving ESEA funds to consult with private school officials and provide eligible private school children, teachers, and personnel with secular, neutral services and benefits that are equitable to those for public school participants, with state ombudsman oversight.)