S.Amdt. 2081

SA 2081. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves;
which was ordered to lie on the table; as follows:

On page 63, beginning on line 22, strike ``and the'' and
all that follows through the semicolon on line 25 and insert
the following: ``and the steps the State will take to further
assist local educational agencies, if such strategies are not
effective, including an assurance that the State will make
the determinations required under paragraphs (1)(A) and
(2)(A) of section 1119(b);''.
On page 183, between lines 6 and 7, insert the following:

SEC. ___. REVIEWING POLICIES ON AUTOMATIC CONTRACT RENEWALS
AND RENEGOTIATING CONTRACTS FOR FAILING LOCAL
EDUCATIONAL AGENCIES AND SCHOOLS.

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended by adding at the end the following:

``SEC. 1119. REVIEWING POLICIES ON AUTOMATIC CONTRACT
RENEWALS AND RENEGOTIATING CONTRACTS FOR
FAILING LOCAL EDUCATIONAL AGENCIES AND SCHOOLS.

``(a) Reviewing Policies on Automatic Contract Renewals.--
Each State receiving funds under this part shall require
that, beginning on the date of enactment of the Every Child
Achieves Act of 2015, each local educational agency or public
elementary school or secondary school in the State review
their policies on entering into contracts that allows for the
automatic renewal of the contract without affirmative action
by the local educational agency or school, respectively.
``(b) Renegotiating Ability.--Each State receiving funds
under this part shall establish policies and procedures
ensuring that--
``(1) each covered contract entered into by a local
educational agency receiving assistance under this part
allows the local educational agency, during any period for
which the local educational agency is a failing local
educational agency--
``(A) to renegotiate any of the terms or conditions of the
covered contract at any point before the expiration of the
term of the covered contract; and
``(B) after the State determines that the local educational
agency has attempted to renegotiate in good faith but the
parties have been unable to reach agreement, to be released
from the contract; and
``(2) each covered contract entered into by a public
elementary school or secondary school receiving assistance
under this part allows the school, during any period for
which the school is identified for intervention and support
under section 1114(a)(1) and is served by a failing local
educational agency--
``(A) to renegotiate, with approval by the local
educational agency, any of the terms or

[[Page S4692]]

conditions of the covered contract at any point before the
expiration of the term of the covered contract; and
``(B) after the State and local educational agency
determine that the school has attempted to renegotiate in
good faith but the parties have been unable to reach
agreement, to be released from the contract.
``(c) Definitions.--In this section:
``(1) Covered contract.--The term `covered contract' means
a contract or agreement that--
``(A) is entered into by a local educational agency, or by
a public elementary school or secondary school, that receives
assistance under this part; and
``(B) is entered into or renewed on or after the date of
enactment of the Every Child Achieves Act of 2015.
``(2) Failing local educational agency.--The term `failing
local educational agency' means a local educational agency
for which not less than 40 percent of the public schools
served by the local educational agency have been identified
by the State as in need of intervention and support under
section 1114(a)(1) for the applicable year.''.
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