text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Local School Board Governance and 
  Flexibility Act''.
  
  SEC. 2. SENSE OF CONGRESS.
  
      It is the sense of Congress that--
              (1) the responsibility for education resides with the 
          States, which have delegated to local school boards the power 
          and authority to adopt policies, establish priorities, and 
          provide accountability to direct the operation of neighborhood 
          schools;
              (2) local school boards are held accountable by local 
          voters to represent the interests of students, parents, local 
          businesses, civic organizations, taxpayers, and the community 
          at large in determining, subject to State laws and policies, 
          the direction, values, climate, and financial support of the 
          schools in their community;
              (3) 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 
          Congress, or that impose unnecessary limits on the flexibility 
          needed by local educational agencies in order to meet local, 
          State, and Federal goals in education; and
              (4) to support the local decisionmaking function of local 
          educational agencies, the Secretary of Education should engage 
          only in issuing regulations, rules, grant conditions, guidance 
          materials, and other requirements under the jurisdiction of the 
          Department that are--
                      (A) specifically required to implement Federal 
                  legislation; and
                      (B) demonstrated to be educationally, 
                  operationally, and financially within the capacity of 
                  local educational agencies to implement.
  
  SEC. 3. AUTHORITY OF THE SECRETARY.
  
      Unless specifically authorized by Federal law, the Secretary may 
  not issue a Federal regulation, rule, grant condition, guidance 
  material, or other requirement pertaining to a State educational agency 
  or a local educational agency that--
              (1) conflicts with the power and authority of the local 
          educational agency delegated by the State regarding the 
          operation of the schools (including the school system's mission 
          and goals, organization, local budget and budget priorities, 
          education program, curriculum, or extra-curricular activities), 
          student health services and safety, transportation and school 
          boundaries, procurement policies, staffing and personnel 
          policies, capital construction, authority to levy taxes, issue 
          bonds, and acquire land, and other functions essential to the 
          daily operation of the schools within the jurisdiction of the 
          local educational agency;
              (2) results in additional costs to the local educational 
          agency for reporting, grant administration, and general 
          operations, unless fully funded from Federal funds;
              (3) conflicts with the power and authority of the local 
          educational agency to determine how to engage or act upon 
          community participation and advice;
              (4) imposes requirements on a local educational agency or 
          State educational agency that would limit or adversely affect 
          the authority of the local educational agency or State 
          educational agency to function as a legislative, executive, or 
          quasi-judicial agency;
              (5) conflicts with the authority of--
                      (A) a State to determine the appropriate governance 
                  structure of--
                              (i) the State educational agency; or
                              (ii) the State's local educational 
                          agencies; or
                      (B) a State educational agency or local educational 
                  agency to determine the appropriate governance and 
                  management of the schools that the State educational 
                  agency or local educational agency serve;
              (6) establishes reporting requirements for State 
          educational agencies or local educational agencies that 
          duplicate existing Federal requirements or that are issued 
          without first conducting a fiscal impact statement related to 
          the costs to State educational agencies or local educational 
          agencies, as the case may be, including requests for data and 
          recommendations from State educational agencies or local 
          educational agencies and national education organizations 
          consistent with the provisions of section 4(a); or
              (7) places conditions or requirements on a grant to a State 
          or local educational agency that are not directly related to, 
          or that do not directly support, the intent of the specific 
          purpose of the grant or the legislation authorizing such grant.
  
  SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT.
  
      (a) In General.--During each fiscal year (beginning with the fiscal 
  year following the fiscal year in which this Act is enacted), the 
  Secretary of Education shall provide local educational agencies and the 
  major national education organizations, including those representing 
  local school boards, local school superintendents, principals, and 
  teachers, a minimum of 60 days in order to provide written comments 
  regarding the local impact of implementing Federal regulations, rules, 
  grant conditions, guidance materials, or other requirements for any 
  applicable program or activity of the Secretary.
      (b) Report.--The Secretary of Education shall prepare and publish a 
  report based on the comments received pursuant to subsection (a), which 
  shall be forwarded to the chairs and ranking members of the Education 
  and Workforce Committee of the House of Representatives and the Health, 
  Education, Labor and Pensions Committee of the Senate not later than 
  July 1 of each year and shall be simultaneously posted on the 
  Department of Education's website.
  
  SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS.
  
      (a) Eliminating Reporting Duplications.--Not later than 180 days 
  after the date of enactment of this Act, 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 duplications.
      (b) Prohibition.--The Secretary may not promulgate any regulation, 
  rule, guidance material, grant condition, or other requirement 
  pertaining to a State educational agency or a local educational agency, 
  without first taking the following actions:
              (1) Requesting data and recommendations from State 
          educational agencies, local educational agencies, and the major 
          national education organizations representing chief State 
          school officers, local school boards, local school 
          superintendents, principals, and teachers regarding the 
          educational, financial, and operational costs involved for 
          implementation, and publishing the data and recommendations 
          provided upon issuance of such regulation, rule, guidance 
          material, grant condition, or other requirement and posting 
          that information on the Department of Education's website.
              (2) Verifying, based on the data set forth in paragraph 
          (1), that local educational agencies will have the financial 
          resources and the technical assistance such agencies may need 
          to successfully implement the regulation, rule, guidance 
          material, grant condition, or other requirement, including any 
          Federal requirement that would extend beyond the time that 
          Federal assistance is available for that purpose.
              (3) Providing State educational agencies, local educational 
          agencies, and the national education organizations identified 
          in paragraph (1) with not less than 60 days notice following 
          the Secretary's publication of a notice of intent to issue any 
          regulation, rule, guidance material, grant condition, or other 
          requirement to respond, unless a shorter time period is needed 
          to meet an emergency such as a declared natural disaster.
              (4) Ensuring that maximum flexibility is provided to State 
          educational agencies and local educational agencies in 
          implementing any regulation, rule, guidance material, grant 
          condition, or other requirement.
      (c) Review and Response.--If a local educational agency or an 
  organization identified in subsection (b) provides the Secretary of 
  Education with a written statement demonstrating that a regulation, 
  rule, guidance material, grant condition, or other requirement does not 
  meet the substantive or procedural requirements of this Act, the 
  Secretary, or the Secretary's designee, shall review the merits of that 
  statement, provide a written response within 60 days, and post that 
  response on the Department of Education's website, including a 
  description of what action, if any, the Secretary will take to correct 
  any deficiency that the Secretary determines exists.
target: Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity.  Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that:    conflict with the authority of LEAs delegated to them by their state;   result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government;   conflict with the authority of LEAs to determine how to engage or act upon community participation and advice;   impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies;   conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed;   establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or   place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants.  Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first:    requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them;   verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements;   giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and  giving SEAs and LEAs maximum flexibility in implementing the requirements.   Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.
feat_title: Local School Board Governance and Flexibility Act