[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 800 Enrolled Bill (ENR)]
H.R.800
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To provide for education flexibility partnerships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Education Flexibility Partnership
Act of 1999''.

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Congress makes the following findings:
(1) States differ substantially in demographics, in school
governance, and in school finance and funding. The administrative
and funding mechanisms that help schools in one State improve may
not prove successful in other States.
(2) Although the Elementary and Secondary Education Act of 1965
and other Federal education statutes afford flexibility to State
educational agencies and local educational agencies in implementing
Federal programs, certain requirements of Federal education
statutes or regulations may impede local efforts to reform and
improve education.
(3) By granting waivers of certain statutory and regulatory
requirements, the Federal Government can remove impediments for
local educational agencies in implementing
educational reforms and raising the achievement levels of all
children.
(4) State educational agencies are closer to local school
systems, implement statewide educational reforms with both Federal
and State funds, and are responsible for maintaining accountability
for local activities consistent with State standards and assessment
systems. Therefore, State educational agencies are often in the
best position to align waivers of Federal and State requirements
with State and local initiatives.
(5) The Education Flexibility Partnership Demonstration Act
allows State educational agencies the flexibility to waive certain
Federal requirements, along with related State requirements, but
allows only 12 States to qualify for such waivers.
(6) Expansion of waiver authority will allow for the waiver of
statutory and regulatory requirements that impede implementation of
State and local educational improvement plans, or that
unnecessarily burden program administration, while maintaining the
intent and purposes of affected programs, such as the important
focus on improving mathematics and science performance under title
II of the Elementary and
Secondary Education Act of 1965 (Dwight D. Eisenhower Professional
Development Program), and maintaining such fundamental requirements
as those relating to civil rights, educational equity, and
accountability.
(7) To achieve the State goals for the education of children in
the State, the focus must be on results in raising the achievement
of all students, not process.

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In this Act:
(1) Local educational agency; state educational agency;
outlying area.--The terms ``local educational agency'', ``State
educational agency'', and ``outlying area'' have the meanings given
the terms in section 14101 of the Elementary and Secondary
Education Act of 1965.
(2) Eligible school attendance area; school attendance area.--
The terms ``eligible school attendance area'' and ``school
attendance area'' have the meanings given the terms in section
1113(a)(2) of the Elementary and Secondary Education Act of 1965.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(4) State.--The term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
outlying area.

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(a) Educational Flexibility Program.--
(1) Program authorized.--
(A) In general.--The Secretary may carry out an
educational flexibility program under which the Secretary
authorizes a State educational agency that serves an eligible
State to waive statutory or regulatory requirements applicable
to one or more programs described in subsection (b), other than
requirements described in subsection (c), for any local
educational agency or school within the State.
(B) Designation.--Each eligible State participating in the
program described in subparagraph (A) shall be known as an
``Ed-Flex Partnership State''.
(2) Eligible state.--For the purpose of this section the term
``eligible State'' means a State that--
(A) has--
(i) developed and implemented the challenging State
content standards, challenging State student performance
standards, and aligned assessments described in section
1111(b) of the Elementary and Secondary Education Act of
1965, and for which local educational agencies in the State
are producing the individual school performance profiles
required by section 1116(a)(3) of such Act; or
(ii)(I) developed and implemented the content standards
described in clause (i);
(II) developed and implemented interim assessments; and
(III) made substantial progress (as determined by the
Secretary) toward developing and implementing the
performance standards and final aligned assessments
described in clause (i), and toward having local
educational agencies in the State produce the profiles
described in clause (i);
(B) holds local educational agencies and schools
accountable for meeting the educational goals described in the
local applications submitted under paragraph (4) and for
engaging in technical assistance and corrective actions
consistent with section 1116 of the Elementary and Secondary
Education Act of 1965, for the local educational agencies and
schools that do not make adequate yearly progress as described
in section 1111(b)(2) of such Act; and
(C) waives State statutory or regulatory requirements
relating to education while holding local educational agencies
or schools within the State that are affected by such waivers
accountable for the performance of the students who are
affected by such waivers.
(3) State application.--
(A) In general.--Each State educational agency desiring to
participate in the educational flexibility program under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require. Each such application shall
demonstrate that the eligible State has adopted an educational
flexibility plan for the State that includes--
(i) a description of the process the State educational
agency will use to evaluate applications from local
educational agencies or schools requesting waivers of--
(I) Federal statutory or regulatory requirements as
described in paragraph (1)(A); and
(II) State statutory or regulatory requirements
relating to education;
(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the
State educational agency will waive;
(iii) a description of clear educational objectives the
State intends to meet under the educational flexibility
plan;
(iv) a description of how the educational flexibility
plan is consistent with and will assist in implementing the
State comprehensive reform plan or, if a State does not
have a comprehensive reform plan, a description of how the
educational flexibility plan is coordinated with activities
described in section 1111(b) of the Elementary and
Secondary Education Act of 1965;
(v) a description of how the State educational agency
will evaluate, (consistent with the requirements of title I
of the Elementary and Secondary Education Act of 1965), the
performance of students in the schools and local
educational agencies affected by the waivers; and
(vi) a description of how the State educational agency
will meet the requirements of paragraph (8).
(B) Approval and considerations.--The Secretary may approve
an application described in subparagraph (A) only if the
Secretary determines that such application demonstrates
substantial promise of assisting the State educational agency
and affected local educational agencies and schools within the
State in carrying out comprehensive educational reform, after
considering--
(i) the eligibility of the State as described in
paragraph (2);
(ii) the comprehensiveness and quality of the
educational flexibility plan described in subparagraph (A);
(iii) the ability of the educational flexibility plan
to ensure accountability for the activities and goals
described in such plan;
(iv) the degree to which the State's objectives
described in subparagraph (A)(iii)--
(I) are clear and have the ability to be assessed;
and
(II) take into account the performance of local
educational agencies or schools, and students,
particularly those affected by waivers;
(v) the significance of the State statutory or
regulatory requirements relating to education that will be
waived; and
(vi) the quality of the State educational agency's
process for approving applications for waivers of Federal
statutory or regulatory requirements as described in
paragraph (1)(A) and for monitoring and evaluating the
results of such waivers.
(4) Local application.--
(A) In general.--Each local educational agency or school
requesting a waiver of a Federal statutory or regulatory
requirement as described in paragraph (1)(A) and any relevant
State statutory or regulatory requirement from a State
educational agency shall submit an application to the State
educational agency at such time, in such manner, and containing
such information as the State educational agency may reasonably
require. Each such application shall--
(i) indicate each Federal program affected and each
statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected results
of waiving each such requirement;
(iii) describe, for each school year, specific,
measurable, educational goals for each local educational
agency or school affected by the proposed waiver, and for
the students served by the local educational agency or
school who are affected by the waiver;
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals; and
(v) in the case of an application from a local
educational agency, describe how the local educational
agency will meet the requirements of paragraph (8).
(B) Evaluation of applications.--A State
educational agency shall evaluate an application submitted
under subparagraph (A) in accordance with the State's
educational flexibility plan described in paragraph (3)(A).
(C) Approval.--A State educational agency shall not approve
an application for a waiver under this paragraph unless--
(i) the local educational agency or school requesting
such waiver has developed a local reform plan that is
applicable to such agency or school, respectively;
(ii) the waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A) will assist
the local educational agency or school in reaching its
educational goals, particularly goals with respect to
school and student performance; and
(iii) the State educational agency is satisfied that
the underlying purposes of the statutory requirements of
each program for which a waiver is granted will continue to
be met.
(D) Termination.--The State educational agency shall
annually review the performance of any local educational agency
or school granted a waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A) in accordance
with the evaluation requirement described in paragraph
(3)(A)(v), and shall terminate any waiver granted to the local
educational agency or school if the State educational agency
determines, after notice and an opportunity for a hearing, that
the local educational agency or school's performance with
respect to meeting the accountability requirement described in
paragraph (2)(C) and the goals described in paragraph
(4)(A)(iii)--
(i) has been inadequate to justify continuation of such
waiver; or
(ii) has decreased for two consecutive years, unless
the State educational agency determines that the decrease
in performance was justified due to exceptional or
uncontrollable circumstances.
(5) Oversight and reporting.--
(A) Oversight.--Each State educational agency participating
in the educational flexibility program under this section shall
annually monitor the activities of local educational agencies
and schools receiving waivers under this section.
(B) State reports.--
(i) Annual reports.--The State educational agency shall
submit to the Secretary an annual report on the results of
such oversight and the impact of the waivers on school and
student performance.
(ii) Performance data.--Not later than 2 years after
the date a State is designated an Ed-Flex Partnership
State, each such State shall include, as part of the
State's annual report submitted under clause (i), data
demonstrating the degree to which progress has been made
toward meeting the State's educational objectives. The
data, when applicable, shall include--
(I) information on the total number of waivers
granted for Federal and State statutory and regulatory
requirements under this section, including the number
of waivers granted for each type of waiver;
(II) information describing the effect of the
waivers on the implementation of State and local
educational reforms pertaining to school and student
performance;
(III) information describing the relationship of
the waivers to the performance of schools and students
affected by the waivers; and
(IV) an assurance from State program managers that
the data reported under this section are reliable,
complete, and accurate, as defined by the State, or a
description of a plan for improving the reliability,
completeness, and accuracy of such data as defined by
the State.
(C) Secretary's reports.--The Secretary, not later than 2
years after the date of the enactment of this Act and annually
thereafter, shall--
(i) make each State report submitted under subparagraph
(B) available to Congress and the public; and
(ii) submit to Congress a report that summarizes the
State reports and describes the effects that the
educational flexibility program under this section had on
the implementation of State and local educational reforms
and on the performance of students affected by the waivers.
(6) Duration of federal waivers.--
(A) In general.--The Secretary shall not approve the
application of a State educational agency under paragraph (3)
for a period exceeding 5 years, except that the Secretary may
extend such period if the Secretary determines that such
agency's authority to grant waivers--
(i) has been effective in enabling such State or
affected local educational agencies or schools to carry out
their State or local reform plans and to continue to meet
the accountability requirement described in paragraph
(2)(C); and
(ii) has improved student performance.
(B) Performance review.--Three years after the date a State
is designated an Ed-Flex Partnership State, the Secretary shall
review the performance of the State educational agency in
granting waivers of Federal statutory or regulatory
requirements as described in paragraph (1)(A) and shall
terminate such agency's authority to grant such waivers if the
Secretary determines, after notice and an opportunity for a
hearing, that such agency's performance (including performance
with respect to meeting the objectives described in paragraph
(3)(A)(iii)) has been inadequate to justify continuation of
such authority.
(C) Renewal.--In deciding whether to extend a request for a
State educational agency's authority to issue waivers under
this section, the Secretary shall review the progress of the
State educational agency to determine if the State educational
agency--
(i) has made progress toward achieving the
objectives described in the application submitted pursuant
to paragraph (3)(A)(iii); and
(ii) demonstrates in the request that local educational
agencies or schools affected by the waiver authority or
waivers have made progress toward achieving the desired
results described in the application submitted pursuant to
paragraph (4)(A)(iii).
(7) Authority to issue waivers.--Notwithstanding any other
provision of law, the Secretary is authorized to carry out the
educational flexibility program under this section for each of the
fiscal years 1999 through 2004.
(8) Public notice and comment.--Each State educational agency
seeking waiver authority under this section and each local
educational agency seeking a waiver under this section--
(A) shall provide the public with adequate and efficient
notice of the proposed waiver authority or waiver, consisting
of a description of the agency's application for the proposed
waiver authority or waiver in a widely read or distributed
medium, including a description of any improved student
performance that is expected to result from the waiver
authority or waiver;
(B) shall provide the opportunity for parents, educators,
and all other interested members of the community to comment
regarding the proposed waiver authority or waiver;
(C) shall provide the opportunity described in subparagraph
(B) in accordance with any applicable State law specifying how
the comments may be received, and how the comments may be
reviewed by any member of the public; and
(D) shall submit the comments received with the agency's
application to the Secretary or the State educational agency,
as appropriate.
(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements for
programs carried out under the following provisions:
(1) Title I of the Elementary and Secondary Education Act of
1965 (other than subsections (a) and (c) of section 1116 of such
Act).
(2) Part B of title II of the Elementary and Secondary
Education Act of 1965.
(3) Subpart 2 of part A of title III of the Elementary and
Secondary Education Act of 1965 (other than section 3136 of such
Act).
(4) Title IV of the Elementary and Secondary Education Act of
1965.
(5) Title VI of the Elementary and Secondary Education Act of
1965.
(6) Part C of title VII of the Elementary and Secondary
Education Act of 1965.
(7) The Carl D. Perkins Vocational and Technical Education Act
of 1998.
(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A) any
statutory or regulatory requirement--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and professional
staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to local educational
agencies;
(F) serving eligible school attendance areas in rank order
under section 1113(a)(3) of the Elementary and
Secondary Education Act of 1965;
(G) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113 of the Elementary
and Secondary Education Act of 1965, except that a State
educational agency may grant a waiver to allow a school
attendance area or school to participate in activities under
part A of title I of such Act if the percentage of children
from low-income families in the school attendance area of such
school or who attend such school is not less than 10 percentage
points below the lowest percentage of such children for any
school attendance area or school of the local educational
agency that meets the requirements of such subsections (a) and
(b);
(H) use of Federal funds to supplement, not supplant, non-
Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory
requirements of the program for which a waiver is granted continue
to be met to the satisfaction of the Secretary.
(d) Treatment of Existing Ed-Flex Partnership States.--
(1) In general.--Except as provided in paragraphs (3) and (4),
this section shall not apply to a State educational agency that has
been granted waiver authority under the provisions of law described
in paragraph (2) for the duration of the waiver authority.
(2) Applicable provisions.--The provisions of law referred to
in paragraph (1) are as follows:
(A) Section 311(e) of the Goals 2000: Educate America Act.
(B) The proviso referring to such section 311(e) under the
heading ``education reform'' in the Department of Education
Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
229).
(3) Special rule.--If a State educational agency granted waiver
authority pursuant to the provisions of law described in
subparagraph (A) or (B) of paragraph (2) applies to the Secretary
for waiver authority under this section--
(A) the Secretary shall review the progress of the State
educational agency in achieving the objectives set forth in the
application submitted pursuant to section 311(e) of the Goals
2000: Educate America Act; and
(B) the Secretary shall administer the waiver authority
granted under this section in accordance with the requirements
of this section.
(4) Technology.--In the case of a State educational agency
granted waiver authority under the provisions of law described in
subparagraph (A) or (B) of paragraph (2), the Secretary shall
permit a State educational agency to expand, on or after the date
of the enactment of this Act, the waiver authority to include
programs under subpart 2 of part A of title III of the Elementary
and Secondary Education Act of 1965 (other than section 3136 of
such Act).
(e) Publication.--A notice of the Secretary's decision to authorize
State educational agencies to issue waivers under this section,
including a description of the rationale the Secretary used to approve
applications under subsection (a)(3)(B), shall be published in the
Federal Register and the Secretary shall provide for the dissemination
of such notice to State educational agencies, interested parties
(including educators, parents, students, and advocacy and civil rights
organizations), and the public.

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Section 307 of the Department of Education Appropriations Act,
1999, is amended--
(1) in subsection (b)(2), by inserting ``(except as provided in
subsection (c)(2)(D))'' before the period; and
(2) in subsection (c)(2), by adding at the end the following:
``(D) If a local educational agency has already reduced class
size in the early grades to 18 or fewer children and intends to use
funds provided under this section to carry out professional
development activities, including activities to improve teacher
quality, then the State shall make the award under subsection (b)
to the local educational agency without requiring the formation of
a consortium.''.

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(a) In General.--Section 615(k)(1)(A)(ii)(I) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)(I)) is
amended to read as follows:
``(I) the child carries or possesses a weapon to or
at school, on school premises, or to or at a school
function under the jurisdiction of a State or a local
educational agency; or''.
(b) Application.--The amendment made by subsection (a) shall apply
to conduct occurring not earlier than the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Ed-Flex bill — HR. 800

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