,i #aacth ,,congress #ast ,session ,h4 ,r4 #achf ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,mr4 ,schock 7for himself1 ,mr4 ,meehan1 ,mr4 ,valadao1 ,mr4 ,rodney ,davis of ,illinois1 and ,mr4 ,kind7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to support the local decision-making functions of local educational agencies by limiting the authority of the ,secretary of ,education to issue regulations1 rules1 grant conditions1 and guidance materials1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,local ,school ,board ,governance and ,flexibility ,act4 #b4 ,sense of ,congress ,it is the sense of the ,congress that-- 7#a7 the responsibility for education resides with the ,states1 which have delegated to local school boards the power and authority to adopt policies1 establish priorities1 and provide accountability to direct the operation of neighborhood schools2 7#b7 local school boards are held accountable by local voters to represent the interests of students1 parents1 local businesses1 civic organizations1 taxpayers1 and the community at large in determining1 subject to ,state laws and policies1 the direction1 values1 climate1 and financial support of the schools in their community2 7#c7 the vital national interest in local self-governance of local educational agencies has been weakened through ,department of ,education requirements that are either unnecessary to achieve the specific direction of legislation enacted by the ,congress1 or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local1 ,state1 and ,federal goals in education2 and 7#d7 to support the local decisionmaking function of local educational agencies1 the ,secretary of ,education should engage only in issuing regulations1 rules1 grant conditions1 guidance materials1 and other requirements under the jurisdiction of the ,department that are-- 7,a7 specifically required to implement ,federal legislation1 and 7,b7 demonstrated to be educationally1 operationally1 and financially within the capacity of local educational agencies to implement4 #c4 ,authority of the ,secretary ,unless specifically authorized by ,federal law1 the ,secretary may not issue a ,federal regulation1 rule1 grant condition1 guidance material1 or other requirement pertaining to a ,state educational agency or a local educational agency that-- 7#a7 conflicts with the power and authority of the local educational agency delegated by the ,state regarding the operation of the schools 7including the school system's mission and goals1 organization1 local budget and budget priorities1 education program1 curriculum1 or extra-curricular activities71 student health services and safety1 transportation and school boundaries1 procurement policies1 staffing and personnel policies1 capital construction1 authority to levy taxes1 issue bonds1 acquire land1 and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency2 7#b7 results in additional costs to the local education agency for reporting1 grant administration1 and general operations unless fully funded from ,federal funds2 7#c7 conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice2 7#d7 imposes requirements on a local educational agency that would limit or adversely affect its authority to function as a legislative1 executive or quasi-judicial agency2 7#e7 conflicts with the authority of a ,state to determine the appropriate governance structure of its local educational agencies1 or the authority of a local educational agency to determine the appropriate governance and management of its schools2 7#f7 establishes reporting requirements for local educational agencies that duplicate existing ,federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to local educational agencies1 including requests for data and recommendations from local educational agencies and national education organizations consistent with the provisions of section #d7;a72 or 7#g7 places conditions or requirements on a grant to a ,state or local educational agency that are not directly related to or support the intent of the specific purpose of the grant or the legislation authorizing such grant4 #d4 ,opportunity for comment regarding local impact 7a7 ,in general ,during each fiscal year 7beginning with the fiscal year following the fiscal year in which this ,act is enacted71 the ,secretary of ,education shall provide local educational agencies and the major national education organizations1 including those representing local school boards1 local school superintendents1 principals1 and teachers1 a minimum of #fj days in order to provide written comments regarding the local impact of implementing ,federal regulations1 rules1 grant conditions1 guidance materials1 or other requirements for any applicable program or activity of the ,secretary4 7b7 ,report ,the ,secretary of ,education shall prepare and publish a report based on the comments received pursuant to subsection 7a71 which shall be forwarded to the chairs and ranking members of the ,education and ,workforce ,committee of the ,house of ,representatives and the ,health1 ,education1 ,labor and ,pensions ,committee of the ,senate not later than ,july #a of each year and shall be simultaneously posted on the ,department of ,education's website4 #e4 ,efficiency in implementing ,federal programs 7a7 ,eliminating reporting duplications ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the ,department of ,education to determine duplications and make modifications as necessary to eliminate such reporting duplications4 7b7 ,prohibition ,the ,secretary may not promulgate any regulation1 rule1 guidance material1 grant condition1 or other requirement pertaining to a ,state educational agency or a local educational agency1 without first taking the following actions3 7#a7 ,requesting data and recommendations from local educational agencies and the major national education organizations representing local school boards1 local school superintendents1 principals1 and teachers regarding the educational1 financial1 and operational costs involved for implementation1 and publishing the data and recommendations provided upon issuance of such regulation1 rule1 guidance material1 grant condition1 or other requirement and posting that information on the ,department of ,education's website4 7#b7 ,verifying1 based on the data set forth in paragraph 7#a71 that local educational agencies will have the financial resources and the technical assistance they may need to successfully implement the regulation1 rule1 guidance material1 grant condition1 or other requirement including any ,federal requirement that would extend beyond the time that ,federal assistance is available for that purpose4 7#c7 ,providing local educational agencies and the national education organizations identified in paragraph 7#a7 with not less than #fj days notice following the ,secretary's publication of a notice of intent to issue any regulation1 rule1 guidance material1 grant condition1 or other requirement to respond1 unless a shorter time period is needed to meet an emergency such as a declared natural disaster4 7#d7 ,ensuring that maximum flexibility is provided to local educational agencies in implementing any regulation1 rule1 guidance material1 grant condition1 or other requirement4 7c7 ,review and response ,if a local educational agency or an organization identified in subsection 7b7 provides the ,secretary of ,education with a written statement demonstrating that a regulation1 rule1 guidance material1 grant condition1 or other requirement does not meet the substantive or procedural requirements of this ,act1 the ,secretary1 or the ,secretary's designee1 shall review the merits of that statement1 provide a written response within #fj days1 and post that response on the ,department of ,education's website1 including what action1 if any1 the ,secretary will take to correct any deficiency that the ,secretary determines exists4