,i #aacth ,,congress #ast ,session ,h4 ,r4 #cgi ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjac ,mr4 ,fattah introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend section #aabj;,a7c7 of the ,elementary and ,secondary ,education ,act of #aife to assure comparability of opportunity for educationally disadvantaged students4 #a4 ,short title ,this ,act may be cited as the ,fiscal ,fairness ,act4 #b4 ,purposes ,the purposes of this ,act are as follows3 7#a7 ,to remedy the inequitable distribution of ,state and local funds within the areas served by local educational agencies4 7#b7 ,to reinforce the supplementary intent of funds made available under title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 ensuring that these funds serve their original purpose of subsidizing the increased costs associated with educating students in concentrated poverty4 7#c7 ,to address the statutory1 regulatory1 and enforcement weaknesses that have undermined the role of the comparability requirement in ensuring comparability within school districts4 7#d7 ,to require the inclusion of real teacher salaries in calculations of per-pupil expenditures4 7#e7 ,to provide sufficient transparency1 accountability1 and disclosure to allow parents1 communities1 educators1 and local agency officials to ensure students have access to the resources they need to achieve at high levels4 #c4 ,comparability of ,expenditures ,section #aabj;,a7c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcba7;c77 is amended to read as follows3 7c7 ,comparability of ,expenditures 7#a7 ,in general 7,a7 ,comparable funding in general ,except as provided in paragraphs 7#d7 and 7#e71 a local educational agency may receive funds under this part for a fiscal year only if1 for the preceding fiscal year1 the average expenditure per pupil of ,state and local funds in each school served under this part was at least #ig percent of the average expenditure per pupil of ,state and local funds across all schools served by the local educational agency that are not receiving funds under this part4 7,b7 ,comparable funding among title i schools ,in any case where all of the schools served by a local educational agency receive support under this part1 such agency may receive funds under this part for a fiscal year only if1 for the preceding fiscal year1 the average expenditure per pupil of ,state and local funds in each higher poverty school is at least #ig percent of the average expenditure per pupil of ,state and local funds across all lower poverty schools4 7#b7 ,equivalence ,a local educational agency shall be considered to have met the requirements of paragraph 7#a71 and to be eligible to receive funds under this part1 if-- 7,a7 such agency has filed with the ,state educational agency current school-by-school listing of per-pupil expenditures of ,state and local funds for each school served by the agency for the preceding fiscal year2 and 7,b7 the listing described in subparagraph 7,a7 demonstrates comparability across schools as required by subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7#c7 ,basis ,a local educational agency may meet the requirements of paragraph 7#a7 across all schools or among schools serving a particular grade span1 if the local educational agency compares schools within not more than three grade spans4 7#d7 ,monitoring 7,a7 ,regulations by ,secretary ,not later than #abj days after the date of the enactment of the ,fiscal ,fairness ,act1 the ,secretary shall issue regulations concerning ,state educational agencies' and local educational agencies' responsibilities for meeting the requirements of this subsection4 7,b7 ,regulations by ,states ,not later than #f months after the date on which the regulations required under subparagraph 7,a7 are issued1 each ,state educational agency receiving funds under this part shall create and distribute to local educational agencies1 and make available to the public1 regulations on the responsibilities of local educational agencies for meeting the requirements of this subsection4 7,c7 ,plan by local educational agencies ,not later than #ad months after the date on which regulations required by subparagraph 7,b7 are distributed1 each local educational agency receiving funds under this part shall develop and submit to the ,state educational agency a plan1 including a timeline and annual benchmarks1 that will ensure comparability as described in paragraph 7#a7 not later than #c years after the date on which such regulations are distributed4 ,the plan shall be made available to the public4 7,d7 ,audit ,in each of the fourth and fifth years after the date of enactment of the ,fiscal ,fairness ,act1 the ,inspector ,general of the ,department shall audit #e ,states and #aj local educational agencies to determine progress in meeting the requirements of this section4 7#e7 ,inapplicability ,this subsection shall not apply to a local educational agency that does not have more than one building for each grade span4 7#f7 ,compliance ,for the purpose of determining compliance with paragraph 7#a71 a local educational agency-- 7,a7 shall exclude ,state and local funds expended for the excess costs of providing ,english language instruction for ,limited ,english ,proficient students as determined by the local educational agency2 7,b7 shall exclude ,state and local funds expended for the excess costs of providing services to children with disabilities as determined by the local educational agency2 and 7,c7 may exclude supplemental ,state or local funds expended in any school attendance area or school for programs that meet the intent and purpose of this part4 7#g7 ,no forced transfers ,nothing in this subsection shall be construed to require the forced or involuntary transfer of any school personnel in order to comply with subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7#h7 ,comparability as minimum standard 7,a7 ,in general ,nothing in this subsection shall be construed to limit or discourage the allocation of ,state or local funds to schools served under this part in excess of #ajj percent of the average per-pupil expenditure for schools not served under this part4 7,b7 ,exception ,in the case of a local educational agency subject to the requirements of paragraph 7#a77;,b71 nothing shall be construed to discourage the allocation of ,state and local funds to any higher poverty schools served by the local educational agency in excess of #ajj percent of the average per-pupil expenditure in lower poverty schools served by the agency4 7#i7 ,public reporting 7,a7 ,school report cards ,beginning with the first academic year that begins after the date of the enactment of the ,fiscal ,fairness ,act1 and for each academic year thereafter1 each local educational agency shall include on the school report cards required under section #aaaa7;h77#b7 the following3 7i7 ,the average per-pupil expenditures of ,state and local funds for the school4 7ii7 ,the average per-pupil expenditures of ,state and local funds for schools in the local educational agency not served under this part or1 in the case where all schools in a local educational agency are served under this part1 for lower poverty schools4 7iii7 ,the mean of average per-pupil expenditures of ,state and local funds for all schools in the ,state4 7,b7 ,current school-by-school listing ,beginning with the first academic year that begins after the date of the enactment of the ,fiscal ,fairness ,act and for each academic year thereafter1 the ,state educational agency shall make publicly available the most current school-by-school listings of per-pupil expenditures of ,state and local funds submitted by each local educational agency1 as required under paragraph 7#b77;,a77i74 7#aj7 ,definitions ,for purposes of this subsection3 7,a7 ,expenditures 7i7 ,in general ,the term expenditures means-- 7,i7 salary expenditures for classroom teachers1 including not only base salaries but also incentive pay1 bonuses1 and supplemental stipends for mentoring or other additional roles2 7,,ii7 salary expenditures for instructional and instructional support staff who are not classroom teachers 7such as principals1 librarians1 paraprofessionals1 academic coaches1 and curriculum specialists71 including not only base salaries but also incentive pay1 bonuses1 and supplemental stipends for mentoring or other additional roles2 7,,iii7 salary expenditures for noninstructional staff1 including student support staff2 and 7,,iv7 nonpersonnel expenditures such as-- 7aa7 professional development for teachers and other staff2 7bb7 instructional materials and supplies2 7cc7 computers1 software1 and other technology2 7dd7 contracted services such as distance learning1 art1 athletics1 and technology services2 7ee7 library books and media center materials2 and 7ff7 such other expenditures as the ,secretary of ,education may require4 7ii7 ,determinations ,for purposes of subclauses 7,i7 and 7,,ii7 of clause 7i71 in the determination of salary expenditures1 salary differentials for years of employment shall be included4 7,b7 ,higher poverty school ,the term higher poverty school means a school that is in the highest three quartiles of schools served by a local educational agency1 based on the percentage of enrolled students from low-income families4 7,c7 ,lower poverty school ,the term lower poverty school means a school that is in the lowest quartile of schools served by a local educational agency1 based on the percentage of enrolled students from low-income families4 4