Teacher Jobs Saved By Congress for the FY School Year Cycle
*In a post by Domestic Policy council Director, Melody Barnes stated "Without it, the loss of thousands of jobs by teachers and other education personnel would have rippled through the larger economy and undercut the nation's recovery." The White House also released a map that shows a state-by- state projection of how many teacher jobs will be saved in each state. (click here)
Read text of the Act below
An Act
To modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide for modernization
of the air traffic control system, reauthorize the Federal Aviation Administration,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "_________Act
of ________".
TITLE I
EDUCATION JOBS FUND
SEC. 101. There are authorized to be appropriated and there
are appropriated out of any money in the Treasury not otherwise
obligated for necessary expenses for an Education Jobs Fund,
$10,000,000,000: Provided, That the amount under this heading
shall be administered under the terms and conditions of sections
14001 through 14013 and title XV of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) except
as follows:
1. ALLOCATION OF FUNDS-
(A) Funds appropriated under this heading shall be
available only for allocation by the Secretary of Education
(in this heading referred to as the Secretary) in accordance
with subsections (a), (b), (d), (e), and (f) of section 14001
of division A of Public Law 111-5 and subparagraph (B)
of this paragraph, except that the amount reserved under
such subsection (b) shall not exceed $1,000,000 and such
subsection (f) shall be applied by substituting one year
for two years.
(B) Prior to allocating funds to States under section
14001(d) of division A of Public Law 111-5, the Secretary
shall allocate 0.5 percent to the Secretary of the Interior
for schools operated or funded by the Bureau of Indian
Affairs on the basis of the schools' respective needs for
activities consistent with this heading under such terms
and conditions as the Secretary of the Interior may determine.
2. RESERVATION-
A State that receives an allocation of
funds appropriated under this heading may reserve not more
than 2 percent for the administrative costs of carrying out
its responsibilities with respect to those funds.
3. AWARDS TO LOCAL EDUCATIONAL AGENCIES-
(A) Except as specified in paragraph (2), an allocation
of funds to a State shall be used only for awards to local
educational agencies for the support of elementary and
secondary education in accordance with paragraph (5) for
the 2010-2011 school year (or, in the case of reallocations
made under section 14001(f) of division A of Public Law
111-5, for the 2010-2011 or the 2011-2012 school year).
(B) Funds used to support elementary and secondary
education shall be distributed through a State's primary
elementary and secondary funding formulae or based on
local educational agencies' relative shares of funds under
part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent
fiscal year for which data are available.
(C) Subsections (a) and (b) of section 14002 of division
A of Public Law 111-5 shall not apply to funds appropriated
under this heading.
4. COMPLIANCE WITH EDUCATION REFORM ASSURANCES-
For purposes of awarding funds appropriated under this
heading, any State that has an approved application for Phase
II of the State Fiscal Stabilization Fund that was submitted
in accordance with the application notice published in the Federal
Register on November 17, 2009 (74 Fed. Reg. 59142) shall
be deemed to be in compliance with subsection (b) and paragraphs
(2) through (5) of subsection (d) of section 14005 of
division A of Public Law 111-5.
5. REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE
EDUCATION JOBS-
Notwithstanding section 14003(a) of division
A of Public Law 111-5, funds awarded to local educational
agencies under paragraph (3)-
(A) may be used only for compensation and benefits
and other expenses, such as support services, necessary
to retain existing employees, to recall or rehire former
employees, and to hire new employees, in order to provide
early childhood, elementary, or secondary educational and
related services; and
(B) may not be used for general administrative
expenses or for other support services expenditures as those
terms were defined by the National Center for Education
Statistics in its Common Core of Data as of the date of
enactment of this Act.
6. PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS
OR DEBT RETIREMENT-
A State that receives an allocation may
not use such funds, directly or indirectly, to-
(A) establish, restore, or supplement a rainy-day fund;
(B) supplant State funds in a manner that has the
effect of establishing, restoring, or supplementing a rainyday
fund;
(C) reduce or retire debt obligations incurred by the
State; or (D) supplant State funds in a manner that has the
effect of reducing or retiring debt obligations incurred by
the State.
7. DEADLINE FOR AWARD-
The Secretary shall award
funds appropriated under this heading not later than 45 days
after the date of the enactment of this Act to States that
have submitted applications meeting the requirements
applicable to funds under this heading. The Secretary shall
not require information in applications beyond what is necessary
to determine compliance with applicable provisions of
law.
8. ALTERNATE DISTRIBUTION OF FUNDS-
If, within 30 days
after the date of the enactment of this Act, a Governor has
not submitted an approvable application, the Secretary shall
provide for funds allocated to that State to be distributed to
another entity or other entities in the State (notwithstanding
section 14001(e) of division A of Public Law 111-5) for support
of elementary and secondary education, under such terms and
conditions as the Secretary may establish, provided that all
terms and conditions that apply to funds appropriated under
this heading shall apply to such funds distributed to such
entity or entities. No distribution shall be made to a State
under this paragraph, however, unless the Secretary has determined
(on the basis of such information as may be available)
that the requirements of clauses (i), (ii), or (iii) of paragraph
10(A) are likely to be met, notwithstanding the lack of an
application from the Governor of that State.
9. LOCAL EDUCATIONAL AGENCY APPLICATION-
Section 442
of the General Education Provisions Act shall not apply to
a local educational agency that has previously submitted an
application to the State under title XIV of division A of Public
Law 111-5. The assurances provided under that application
shall continue to apply to funds awarded under this heading.
10. MAINTENANCE OF EFFORT-
(A) Except as provided in paragraph (8), the Secretary
shall not allocate funds to a State under paragraph (1)
unless the Governor of the State provides an assurance
to the Secretary that-
(i) for State fiscal year 2011, the State will maintain
State support for elementary and secondary education
(in the aggregate or on the basis of expenditures
per pupil) and for public institutions of higher education
(not including support for capital projects or
for research and development or tuition and fees paid
by students) at not less than the level of such support
for each of the two categories, respectively, for State
fiscal year 2009;
(ii) for State fiscal year 2011, the State will maintain
State support for elementary and secondary education
and for public institutions of higher education
(not including support for capital projects or for
research and development or tuition and fees paid
by students) at a percentage of the total revenues
available to the State that is equal to or greater than
the percentage provided for each of the two categories,
respectively, for State fiscal year 2010; or
(iii) in the case of a State in which State tax
collections for calendar year 2009 were less than State
tax collections for calendar year 2006, for State fiscal
year 2011 the State will maintain State support for
elementary and secondary education (in the aggregate)
and for public institutions of higher education (not
including support for capital projects or for research
and development or tuition and fees paid by students)-
(I) at not less than the level of such support
for each of the two categories, respectively, for
State fiscal year 2006; or
(II) at a percentage of the total revenues available
to the State that is equal to or greater than
the percentage provided for each of the two categories,
respectively, for State fiscal year 2006.
(B) Section 14005(d)(1) and subsections (a) through
(c) of section 14012 of division A of Public Law 111-5
shall not apply to funds appropriated under this heading.
11. ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS-
The following requirements shall apply to the State of Texas:
(A) Notwithstanding paragraph (3)(B), funds used to
support elementary and secondary education shall be
distributed based on local educational agencies' relative
shares of funds under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) for the most recent fiscal year which data are
available. Funds distributed pursuant to this paragraph
shall be used to supplement and not supplant State formula
funding that is distributed on a similar basis to part A
of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.).
(B) The Secretary shall not allocate funds to the State
of Texas under paragraph (1) unless the Governor of the
State provides an assurance to the Secretary that the State
will for fiscal years 2011, 2012, and 2013 maintain State
support for elementary and secondary education at a
percentage of the total revenues available to the State
that is equal to or greater than the percentage provided
for such purpose for fiscal year 2011 prior to the enactment
of this Act.
(C) Notwithstanding paragraph (8), no distribution
shall be made to the State of Texas or local education
agencies therein unless the Governor of Texas makes an
assurance to the Secretary that the requirements in paragraphs
(11)(A) and (11)(B) will be met, notwithstanding
the lack of an application from the Governor of Texas.
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