S.Amdt. 2179

SA 2179. Mr. CRAPO 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:

At the end of the bill, add the following:

PART C--LOCAL LEADERSHIP IN EDUCATION

SEC. 10301. SHORT TITLE.

This part may be cited as the ``Local Leadership in
Education Act''.

SEC. 10302. PROHIBITIONS IN THE ELEMENTARY AND SECONDARY
EDUCATION ACT.

(a) General Prohibitions.--Section 9527 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7907), as
amended by section 9110, is further amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) General Prohibitions.--
``(1) In general.--An officer or employee of the Federal
Government shall not directly or indirectly, through grants,
contracts, or other cooperative agreements under this Act
(including waivers under section 9401)--
``(A) mandate, direct, or control a State, local
educational agency, or school's academic standards,
curriculum, program of instruction, or allocation of State or
local resources;
``(B) mandate a State or any subdivision thereof to spend
any funds or incur any costs not paid for under this Act;
``(C) incentivize a State, local educational agency, or
school to adopt any specific academic standards or a specific
curriculum or program of instruction, which shall include
providing any priority, preference, or special consideration
during an application process based on any specific academic
standards, curriculum, or program of instruction;
``(D) make financial support available in a manner that is
conditioned upon a State, local educational agency, or
school's adoption of specific instructional content, academic
standards, or curriculum, or on the administration of
assessments or tests, even if such requirements are specified
in this Act; or
``(E) mandate or require States to administer assessments
or tests to students.
``(2) Rule of construction.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government directly or indirectly, whether through grants,
contracts, or other cooperative agreements under this Act
(including waivers under section 9401), to do any activity
prohibited under subsection (a).'';
(2) by redesignating subsection (c) as subsection (a); and
(3) by adding at the end the following:
``(b) Prohibition on Assessments in Title I.--Part A of
title I shall be carried out without regard to any
requirement that a State carry out academic assessments or
that local educational agencies, elementary schools, and
secondary schools make adequate yearly progress.''.
(b) Prohibition on Waiver Conditions, Requirements, or
Preferences.--Section 9401 (20 U.S.C. 7861), as amended by
section 9105, is further amended by striking subsection (h)
and inserting the following:
``(h) Prohibition on Waiver Conditions.--
``(1) In general.--The Secretary shall not establish as a
condition for granting a waiver under this section--
``(A) the approval of academic standards by the Federal
government; or
``(B) the administration of assessments or tests to
students.
``(2) Effect on previously issued waivers.--
``(A) In general.--Any requirement described in paragraph
(1) that was required for a waiver provided to a State, local
educational agency, Indian tribe, or school under this
section before the date of enactment of the Local Leadership
in Education Act shall be void and have no force of law.
``(B) Prohibited actions.--The Secretary shall not--
``(i) enforce any requirement that is void pursuant to
subparagraph (A); and
``(ii) require the State, local educational agency, Indian
tribe, or school to reapply for a waiver, or to agree to any
other condition to replace any requirement that is void
pursuant to subparagraph (A), until the end of the period of
time specified under the waiver.
``(C) No effect on other provisions.--Any other provisions
or requirements of a waiver provided under this section
before the date of enactment of the Local Leadership in
Education Act that are not affected by subparagraph (A) shall
remain in effect for the period of time specified under the
waiver.''.

SEC. 10303. PROHIBITION IN THE GENERAL EDUCATION PROVISIONS
ACT.

Section 438 of the General Education Provisions Act (20
U.S.C. 1232a) is amended--
(1) by striking ``No provision of any applicable program
shall be construed to authorize any department, agency,
officer, or employee of the United States to'' and inserting
``A department, agency, officer, or employee of the United
States shall not'';
(2) by inserting ``(including the development of
curriculum)'' after ``over the curriculum''; and
(3) by striking ``to'' after ``institution or school
system, or''.

SEC. 10304. PROHIBITION IN RACE TO THE TOP FUNDING.

Title XIV of Division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) is amended by
inserting after section 14007 the following:

``SEC. 14007A. PROHIBITION ON ASSESSMENTS.

``Notwithstanding any other provision of law, no funds
provided under section 14006 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 283)
shall be used to develop, pilot test, field test, implement,
administer, or distribute any assessment or testing
materials.''.
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