,,ii #aacth ,,congress #b;d ,session ,s4 #aigd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjad,mr4 ,roberts introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife to prohibit ,federal education mandates1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,learning ,opportunities ,created ,at ,local ,level ,act or the ,,local ,level ,act4 #b4 ,findings and sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,section #iebg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gijg71 as in effect on the day before the date of enactment of this ,act1 prohibits the ,federal ,government from mandating1 directing1 or controlling a ,state1 local educational agency1 or school's curriculum1 program of instruction1 or allocation of ,state and local resources1 and from mandating a ,state or any subdivision thereof to spend any funds or incur any costs not paid for under such ,act4 7#b7 ,section #iebi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #giji71 as in effect on the day before the date of enactment of this ,act1 prohibits the ,federal ,government from funding the development1 pilot testing1 field testing1 implementation1 administration1 or distribution of any ,federally sponsored national test in reading1 mathematics1 or any other subject1 unless specifically and explicitly authorized by law4 7#c7 ,despite these prohibitions1 the ,secretary of ,education1 through #c separate initiatives1 has created a system of waivers and grants that influence1 incentivize1 and coerce ,state educational agencies into implementing common national elementary and secondary school standards and assessments endorsed by the ,secretary4 7#d7 ,the ,race to the ,top ,fund1 as established by the ,secretary of ,education under sections #adjje and #adjjf of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e1 #abc ,stat4 #bhb71 encouraged and incentivized ,states to adopt the ,common ,core ,state ,standards developed by the ,national ,governors ,association ,center for ,best ,practices and the ,council of ,chief ,state ,school ,officers4 7#e7 ,the ,race to the ,top assessment grants awarded to the ,partnership for ,assessment of ,readiness for ,college and ,careers 7,,parcc7 and ,smarter ,balanced ,assessment ,consortium 7,,smarter ,balance7 initiated the development of assessments aligned with the ,common ,core ,state ,standards that will1 in turn1 inform and ultimately influence kindergarten through grade #ab curriculum and instructional materials4 7#f7 ,the conditions imposed by the ,secretary of ,education through the flexibility waiver authority provided to the ,secretary pursuant to section #idja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghfa7 have coerced ,states into accepting ,common ,core ,state ,standards and assessments aligned with such ,standards4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,states and local educational agencies should maintain the rights and responsibilities of determining educational curricula1 programs of instruction1 and assessments for elementary and secondary education2 and 7#b7 ,states are sovereign entities that deserve deep and abiding respect from the ,federal ,government1 and ,state legislatures have a responsibility to their citizens to resist ,federal encroachment on the constitutional autonomy of ,states regarding education4 #c4 ,prohibitions on ,federal ,government and use of ,federal funds ,section #iebg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gijg7 is amended to read as follows3 #iebg4 ,prohibition against ,federal mandates1 direction1 or control 7a7 ,in general ,an officer or employee of the ,federal ,government shall not directly or indirectly1 through grants1 contracts1 or other cooperative agreements under this ,act 7including through any waiver provided under the ,secretary's authority pursuant to section #idja7-- 7#a7 mandate1 direct1 or control a ,state1 local educational agency1 or school's specific instructional content1 academic standards1 assessments1 curriculum1 or program of instruction 7including through any requirement1 direction1 or mandate to adopt the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other academic standards common to a significant number of ,states72 7#b7 incentivize a ,state1 local educational agency1 or school to adopt any specific instructional content1 academic standards1 assessments1 curriculum1 or program of instruction as described in paragraph 7#a71 which shall include providing any priority1 preference1 or special consideration during the application process based on any specific content1 standards1 assessments1 curriculum1 or program2 7#c7 mandate a ,state or any subdivision thereof to spend any funds or incur any costs not paid for under this ,act2 or 7#d7 make financial support available in a manner that is conditioned upon a ,state1 local educational agency1 or school's adoption of specific instructional content1 academic standards1 assessments1 curriculum1 or program of instruction1 7including any requirement1 direction1 or mandate to adopt the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative1 any other academic standards common to a significant number of ,states1 or any assessment1 instructional content1 or curriculum aligned to such standards71 even if such requirements are specified in section #adjjf or #adjjg of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,stat4 #bha7 or any other ,act4 7b7 ,rule of construction ,nothing in this ,act shall be construed to authorize an officer or employee of the ,federal ,government directly or indirectly1 whether through a grant1 contract1 or cooperative agreement 7including through any waiver provided under the ,secretary's authority pursuant to section #idja71 to do any activity prohibited under subsection 7a74 7c7 ,prohibition on endorsement of curriculum ,notwithstanding any other prohibition of ,federal law1 no funds provided to the ,department under this ,act may be used by the ,department directly or indirectly1 through grants1 contracts1 or cooperative agreements 7including through any waiver provided under the ,secretary's authority pursuant to section #idja71 to endorse1 approve1 develop1 require1 or sanction any curriculum designed to be used in an elementary school or secondary school1 including any curriculum aligned to the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative1 or any other academic standards common to a significant number of ,states1 designed to be used in an elementary school or secondary school4 7d7 ,prohibition on requiring ,federal approval or certification of standards ,notwithstanding title ,i1 part ,a of title ,,vi1 or any other provision of ,federal law1 no ,state shall be required to have academic standards approved or certified by the ,federal ,government1 in order to receive assistance under this ,act4 7e7 ,rule of construction on building standards ,nothing in this ,act shall be construed to mandate national school building standards for a ,state1 local educational agency1 or school4 4 #d4 ,prohibition on ,federally sponsored testing and testing materials ,section #iebi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #giji7 is amended to read as follows3 #iebi4 ,prohibition on federally sponsored testing and testing materials 7a7 ,general prohibition ,notwithstanding any other provision of ,federal law and except as provided in subsection 7b71 no funds provided under this ,act to the ,secretary or to the recipient of any award may be used to develop1 pilot test1 field test1 implement1 administer1 or distribute-- 7#a7 any ,federally sponsored national test or testing materials in reading1 mathematics1 or any other subject1 unless specifically and explicitly authorized by law2 or 7#b7 any assessment or testing materials aligned to the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other academic standards common to a significant number of ,states4 7b7 ,exceptions ,subsection 7a7 shall not apply to international comparative assessments developed under the authority of section #aec7;a77#e7 of the ,education ,sciences ,reform ,act of #bjjb and administered to only a representative sample of pupils in the ,united ,states and in foreign nations4 4 #e4 ,prohibition on the use of ,race to the ,top ,funds for ,common ,core ,state ,standards assessments ,notwithstanding any other provision of law1 no funds provided under section #adjjf of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e1 #abc ,stat4 #bhc7 shall be used to develop1 pilot test1 field test1 implement1 administer1 or distribute any assessment or testing materials aligned to the ,common ,core ,state ,standards developed under the ,common ,core ,state ,standards ,initiative or any other academic standards common to a significant number of ,states4