Section 1 Short title
This Act may be cited as the “Spending Every Nickel on Student Education Act” or the “SENSE Act”.
Spending Every Nickel on Student Education Act
A BILL
To improve transparency relating to the expenditure of Federal emergency relief funds for elementary and secondary schools, and for other purposes.
Sec. 2 Annual report on expenditure of elementary and secondary emergency relief funds
LEA Reports— On an annual basis, in accordance with subsection (d), each local education agency that received funds under section 2001 of the American Rescue Plan Act of 2021 (Public Law 117–2; 20 U.S.C. 3401 note) shall submit to the State in which the agency is located a report on the expenditure of such funds during the preceding year. Each report shall—
describe the purposes for which the local educational agency expended such funds during the year covered by the report;
indicate whether such expenditures are consistent with the plan submitted by the agency pursuant to the interim final requirement of the Department of Education titled “American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund, LEA ARP ESSER Plans” (86 Fed. Reg. 21198; April 22, 2021) and, if such expenditures are not consistent with that plan, provide an explanation for the inconsistency; and
provide the information required under paragraphs (1) and (2) in a format and level of detail that is consistent with the State and Federal requirements applicable to the plans described in paragraph (2).
State reports— On an annual basis, not later than 90 days after receiving the reports from local educational agencies under subsection (a), each State shall—
compile the reports;
transmit the compiled reports to the Secretary of Education; and
make the reports available on a publicly accessible website of the State in a format that is downloadable, searchable, and sortable.
Posting by Secretary— The Secretary of Education shall make each report received from a State under subsection (b) available on a publicly accessible website of the Department of Education.
Annual submittal and termination—
Annual submittal date— The reports required under subsection (a) shall be submitted each year on a date determined by the Secretary of Education that is at least 30 days before funds are allocated to States under part A of title I of the Elementary and Secondary and Education Act (20 U.S.C. 6311 et seq.) for the next school year.
Termination of reporting requirement—
Final report— After the date specified in subparagraph (B), a local educational agency shall submit a final report in accordance with subsection (a). Following the submission of such final report, the requirement of a local educational agency to submit further reports under subsection (a) shall terminate.
Date described— The date specified in this subparagraph is the earlier of—
the date on which the local educational agency has obligated all funds received by the agency under section 2001 of the American Rescue Plan Act of 2021 (Public Law 117–2; 20 U.S.C. 3401 note); or
the date by which the local educational agency is required to obligate such funds in accordance with such section.
Enforcement— A local educational agency that does not submit a report required under subsection (a) by the date determined by the Secretary under subsection (d)(1), shall not be eligible to receive Federal 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 next year for which such funds are allocated.
Definitions— In this section, the terms local educational agency and State have the meanings given those terms in section 8101 if the Elementary ad Secondary Education Act of 1965 (20 U.S.C. 7801).