S.Amdt. 2105

SA 2105. Mr. BENNET 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 181, between lines 18 and 19, insert the following:
(b) Comparability of Services.--Section 1117, as
redesignated by section 1004(3) and amended by this section,
is further amended by striking subsection (c) and inserting
the following:
``(c) Comparability.--
``(1) In general.--
``(A) Comparability.--Beginning for the 2017-2018 school
year, a local educational agency may receive funds under this
part only if the local educational agency demonstrates to the
State educational agency that the combined State and local
per-pupil expenditures (including actual personnel and actual
non-personnel expenditures) in each school served under this
part, in the most recent year for which such data are
available, were not less than the average combined

[[Page S4796]]

State and local per-pupil expenditures (including actual
personnel and actual non-personnel expenditures) for those
schools that are not served under this part.
``(B) Alternative comparability.--If the local educational
agency is serving all of the schools under its jurisdiction
under this part, the agency shall demonstrate to the State
educational agency that the combined State and local per-
pupil expenditures (including actual personnel and actual
non-personnel expenditures) for each of its higher-poverty
schools, in the most recent year for which such data are
available, were not less than the average combined State and
local per-pupil expenditures (including actual personnel and
actual non-personnel expenditures) for its lower-poverty
schools.
``(C) Basis.--A local educational agency may meet the
requirements of subparagraphs (A) and (B) on a local
educational agency-wide basis or a grade-span by grade-span
basis.
``(D) Exclusion of funds.--
``(i) In general.--For the purpose of complying with this
paragraph, a local educational agency shall exclude any State
or local funds expended in any school for--

``(I) excess costs of providing services to English
learners;
``(II) excess costs of providing services to children with
disabilities;
``(III) capital expenditures; and
``(IV) such other expenditures as the Secretary determines
appropriate.

``(ii) Changes after the beginning of the school year.--A
local educational agency need not include unpredictable
changes in student enrollment or personnel assignments that
occur after the beginning of a school year in determining
compliance under this subsection.
``(2) Documentation.--A local educational agency shall
demonstrate that it is meeting the requirements of paragraph
(1) by submitting to the State educational agency for each
school served by the local educational agency--
``(A) the State and local per-pupil expenditures (including
actual personnel expenditures and actual non-personnel
expenditures);
``(B) actual personnel expenditures from State and local
sources;
``(C) actual non-personnel expenditures from State and
local sources; and
``(D) total expenditures from State and local sources.
``(3) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than 1
building for each grade span.
``(4) Process and procedures.--
``(A) Local educational agency responsibilities.--Each
local educational agency assisted under this part shall, by
October 31, 2018, report to the State educational agency on
its compliance with the requirements of this subsection for
the preceding school year, including by providing a listing,
by school, of actual combined per-pupil State and local
personnel and non-personnel expenditures, consistent with
paragraph (2).
``(B) State educational agency responsibilities.--Each
State educational agency assisted under this part shall
ensure that the information under subparagraph (A), including
the listings of expenditures by school, is made publicly
available by the State or the local educational agency.
``(5) Transition provisions.--
``(A) School years preceding the 2017-2018 school year.--
For school years preceding the 2017-2018 school year, a local
educational agency may receive funds under this part only if
the local educational agency demonstrates to the State
educational agency that the local educational agency meets
the requirements of this subsection, as in effect on the day
before the date of enactment of the Every Child Achieves Act
of 2015.
``(B) Transition between requirements.--The Secretary shall
take such steps as are necessary to provide for the orderly
transition between the requirements under this section, as in
effect on the day before the date of enactment of the Every
Child Achieves Act of 2015, and the new requirements under
this section, as amended by such Act.
``(6) Rule of construction.--Nothing in this subsection
shall be construed to require a local educational agency to
transfer school personnel in order to comply with this
subsection.
``(7) Definitions.--For the purposes of this subsection:
``(A) Higher-poverty school.--The term `higher poverty
school' means a school that is in the highest 3 quartiles of
schools served by a local educational agency, based on the
percentage of enrolled students from low-income families.
``(B) Lower-poverty school.--The term `lower poverty
school' means a school that is in the lowest quartile of
schools served by a local educational agency, based on the
percentage of enrolled students from low-income families.''.
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