S.Amdt. 1357

SA 1357. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs.
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow,
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and

[[Page S1381]]

Mr. Sanders) to the bill H.R. 1319, to provide for reconciliation
pursuant to title II of S. Con. Res. 5; which was ordered to lie on the
table; as follows:

Section 2004 is amended by striking ``(d) Definitions.--In
this section:'' and inserting the following:
(d) Federal Funds to Supplement, Not Supplant, Non-federal
Funds.--
(1) In general.--As a condition of receiving funds under
section 2001, a State educational agency or local educational
agency shall use Federal funds received under such section
only to supplement the funds that would, in the absence of
such Federal funds, be made available from State and local
sources for the education of students participating in
programs assisted under such section, and not to supplant
such funds.
(2) Compliance.--To demonstrate compliance with paragraph
(1), a local educational agency shall demonstrate that the
methodology used to allocate State and local funds to each
school receiving assistance under section 2001 ensures that
such school receives all of the State and local funds it
would otherwise receive if it were not receiving assistance
under this section.
(3) Special rule.--No local educational agency shall be
required to--
(A) identify that an individual cost or service supported
under section 2001 is supplemental; or
(B) provide services under such section through a
particular instructional method or in a particular
instructional setting in order to demonstrate such agency's
compliance with paragraph (1).
(4) Prohibition.--Nothing in this section shall be
construed to authorize or permit the Secretary to prescribe
the specific methodology a local educational agency uses to
allocate State and local funds to each school receiving
assistance under section 2001.
(e) Definitions.--In this section:
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