House Amendment 42 to H 4100
Session 124 (2021-2022)

Rep. MAGNUSON proposes the following Amendment No.     to H.4100 as introduced by Ways & Means

(Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\007\EOC REPORT JM.DOCX):

EXPLANATION: Education Oversight Committee to study and report any federal funding stream for programs and grants in elementary and secondary education in this State.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 522, after line 35, by adding an appropriately numbered proviso to read:

/ (GP: EOC Education Funding Report) From the funds appropriated to the Education Oversight Committee, the committee, in consultation with the Department of Education, shall study and on or before June 30, 2022, publish a report identifying and detailing federal funding streams for programs and grants in elementary and secondary education in this State in total and breaking out the cost of overhead, compliance, and reporting incurred by the Department of Education, school districts, and local schools. Methods, assumptions, limitations, and procedures used in the study must be published as part of the final report.

The committee's study shall focus on:

(1) Title I, Title II, and Title IV as related to the Elementary and Secondary Education Act of 1965 ( ESEA), and as reauthorized by the No Child Left Behind Act of 2001 (NCLB), and Every Student Succeeds Act of 2017 (ESSA);

(2) Individuals with Disabilities Education Act of 2004 (IDEA);

(3) Head Start and Early Childhood Education; and

(4) teacher quality improvement programs.

The study and report must include, but is not limited to, the following considerations:

(1) grant and program application costs as a cost of compliance;

(2) grant and program application policy requirements imposed on the State should be included as information, as well as the fiscal impact associated with the requirements;

(3) expenditures should be annualized and projected for the life of the grant and program and ten years after the grant or program expire or after federal funding is discontinued;

(4) the process to evaluate program and grant cost of compliance shall include analysis of applicable federal regulations, as well as interviews with at least ten local school districts of varying size and two schools per district selected;

(5) both allowable and unallowable expenditures incurred from the programs and grants must be included in the cost of compliance;

(6) expenditures incurred requiring the use of state or local funds must be included in the cost of compliance; and

(7) "Maintenance of Effort" and "Supplement, Not Supplant" requirements must be included in cost of compliance as a category of "minimum state and local spending required to receive grant".

With the information received from the report provided by the Education Oversight Committee, the General Assembly should consider if the cost of compliance exceeds the value of the funding in consideration of federally imposed control and regulation./

Amend totals and titles to conform.