[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1452 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1452

     To allow States, local educational agencies, and schools the 
   flexibility to use and combine Federal, State, and local funds to 
  improve the educational achievement of all elementary and secondary 
                            school students.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1993

  Mr. Goodling (for himself and Mr. DeFazio) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To allow States, local educational agencies, and schools the 
   flexibility to use and combine Federal, State, and local funds to 
  improve the educational achievement of all elementary and secondary 
                            school students.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom to Improve Educational 
Achievement Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the ability of the United States to declare more 
        effective educational services to its citizens, especially 
        disadvantaged citizens and traditionally underserved citizens, 
        is of primary importance to the national security and to the 
        continued role of the United States as a world leader;
            (2) the ability of local school authorities to effectively 
        administer and improve the public schools under their 
        leadership is impeded by the paperwork burden and regulatory 
        limitations imposed by numerous education programs administered 
        by the Federal Government and by the States;
            (3) because American society and student needs are changing 
        quickly, schools and schooling must be flexible and innovative 
        in order to sustain relevance and vitality in an increasingly 
        challenging world;
            (4) educational funding flexibility at the State and local 
        level has proven to be effective means toward educational 
        reform in States nationwide, and this flexibility should be 
        expanded to cover Federal requirements that may impede 
        educational achievement; and
            (5) real and fundamental change in the structure of schools 
        and education will emerge from school reform initiatives and 
        such change should be based on professional knowledge and a 
        solid foundation of research.

SEC. 3. PURPOSE.

    The purpose of this Act is to allow States, local educational 
agencies, and schools the flexibility to use and combine Federal, 
State, and local funds to improve the educational achievement of all 
elementary and secondary school students, including students with 
disabilities, students who are disadvantaged, and students who are 
limited English proficient, and to help schools and students meet the 
National Education Goals by waiving certain statutory and regulatory 
requirements (not including the appropriate protections with respect to 
civil rights, discrimination, and safety).

SEC. 4. PROGRAM AUTHORIZED.

    (a) Education Programs.--The Secretary of Education is authorized 
to waive certain Federal statutory and regulatory requirements (except 
as provided in section 6) for States, local educational agencies, and 
schools that can demonstrate that such waivers are part of efforts to 
achieve education reform and meet the National Education Goals for all 
students, where such waivers are part of a State or local systemic 
reform plan, and where such States and local educational agencies have 
implemented similar waiver plans.
    (b) Additional Programs.--Waivers may also be requested for 
requirements regarding the following programs:
            (1) The Head Start Act.
            (2) The Runaway and Homeless Youth Act.
            (3) The Juvenile Justice and Delinquency Prevention Act.
            (4) The National School Lunch Act.
            (5) The School Breakfast Program.
            (6) The Child and Adult Care Food Program.
            (7) The Special School Milk Program.
            (8) The Summer Food Service Program.
            (9) The Community Services Block Grant Program.
If such waivers are requested, the Secretary shall consult with the 
heads of other appropriate Federal agencies, if any, in determining 
whether to approve a project. The Secretary shall obtain the approval 
of such agency head as part of final approval of such project.

SEC. 5. APPLICATIONS.

    (a) General Requirements.--A school, local educational agency, or 
State that desires to receive a waiver under this Act shall--
            (1) indicate which Federal requirements are to be waived 
        and how waiving such requirements will improve educational 
        achievement among all students;
            (2) describe educational programs and goals being proposed 
        and how such programs will meet the needs of all students;
            (3) identify the Federal programs to be included in the 
        project;
            (4) indicate which State and local requirements to be 
        waived;
            (5) describe specific, measurable educational improvement 
        goals and expected outcomes for all affected students;
            (6) describe methods to be used to measure progress toward 
        meeting such goals;
            (7) describe how programs will continue to focus on the 
        same populations served by programs for which waivers are 
        requested;
            (8) describe how students not now eligible for programs for 
        which waivers are granted can be served without weakening the 
        program benefits for eligible populations; and
            (9) describe the student population at proposed schools, 
        including--
                    (A) current data regarding the achievement levels 
                of students, particularly disadvantaged students;
                    (B) the number of students who--
                            (i) are of limited English proficiency, as 
                        defined in section 7003(a)(1) of the Bilingual 
                        Education Act;
                            (ii) are children with disabilities, as 
                        defined in section 602(a)(1) of the Individuals 
                        with Disabilities Education Act;
                            (iii) are currently or were, within the 
                        past 5 years, migratory;
                            (iv) are educationally disadvantaged for 
                        the purposes of chapter 1 of title I of the 
                        Elementary and Secondary Education Act of 1965; 
                        and
                            (v) are eligible for a free or reduced-
                        price lunch.
    (b) Additional Requirements.--The Secretary of Education may 
include additional requirements as may reasonably be required.
    (c) Individual School Applications.--A local school that desires to 
receive a waiver under this Act shall submit an application to the 
local educational agency, which, after review, shall submit such 
application to the State educational agency.
    (d) Local Applications.--(1) A local educational agency that 
desires to receive a waiver under this Act shall submit an application 
to the State educational agency for review.
    (2) A State educational agency that approves an application 
submitted by a local educational agency shall forward such application 
to the Secretary of Education for consideration.
    (3) If an application requests a waiver for a program other than an 
education program, the State educational agency shall submit such 
application to the chief executive of the State for review before 
forwarding such application to the Secretary of Education.
    (e) State Applications.--(1) A State educational agency that 
desires to receive a waiver under this Act shall submit an application 
to the Secretary of Education for consideration, unless such 
application requires waivers for other than education programs.
    (2) Such application shall be submitted to the chief executive of 
the State for review before forwarding such application to the 
Secretary of Education.

SEC. 6. WAIVER RESTRICTIONS.

    Nothing in this section shall be construed to authorize any changes 
in, substitutions for, or lessening of the protections of Federal laws 
and regulations regarding civil rights, discrimination, and safety or 
to affect regulations and prohibitions concerning the diversion of 
Federal funds for private use. Requirements which shall not be waived 
include--
            (1) requirements governing fund allocations;
            (2) requirements governing privacy of pupil records;
            (3) requirements under title VI of the Civil Rights Act of 
        1964;
            (4) provisions of section 504 of the Rehabilitation Act of 
        1973;
            (5) provisions of title II of the Americans with 
        Disabilities Act;
            (6) requirements of title IX of the Education Amendments of 
        1972;
            (7) requirements of parts A, B, and H under the Individuals 
        with Disabilities Education Act;
            (8) requirements governing--
                    (A) maintenance of effort;
                    (B) comparability; or
                    (C) the equitable participation of students 
                attending private schools; and
            (9) requirements on parental participation and involvement.

SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE.

    (a) Waivers.--Three years after a waiver is provided to a school or 
local educational agency, the Secretary of Education shall evaluate the 
effectiveness of such waiver, based on reports and evaluations 
conducted by the State educational agency, in meeting the goals 
outlined in their application, in achieving educational reform, in 
raising student achievement for all students, including students with 
disabilities, students who are disadvantaged, and students who are 
limited English proficient, and in meeting the National Education 
Goals.
    (b) Technical Assistance.--If the Secretary determines that 
progress in achieving education reform is not satisfactory, the 
Secretary may provide technical assistance to a school or local 
educational agency.
    (c) Termination.--If the Secretary determines that the technical 
assistance does not improve education reform efforts, the Secretary may 
immediately terminate any waivers previously granted.
    (d) National Evaluation.--Three years after the flexibility program 
is implemented and at the end of every succeeding 3-year period, the 
Secretary shall evaluate the effectiveness of the flexibility program 
nationwide. The findings of such evaluation shall be submitted to the 
Congress not later than 120 days after such evaluation is completed.

SEC. 8. REPORTS.

    (a) Local Reports.--A local educational agency or school that 
participates in a flexibility project under this Act shall submit an 
annual report to the State educational agency that--
            (1) describes project activities;
            (2) evaluates the progress in achieving the goals stated in 
        the application; and
            (3) evaluates the effectiveness of coordinating services 
        for students and their families.
    (b) State Reports.--(1) A State that participates in a flexibility 
project under this Act shall submit an annual report to the Secretary 
of Education which evaluates the progress in achieving goals stated in 
the application.
    (2) The State Educational Agency, upon receipt of reports of local 
educational agencies or schools participating in a flexibility project, 
shall review such documents and evaluate the progress of such programs 
in elevating academic achievement for all students, accomplishing 
education reform and meeting the National Education Goals. Such reports 
and evaluations shall be submitted to the Secretary of Education on an 
annual basis.
    (c) Secretary Reports.--The Secretary of Education shall submit to 
the Congress a biennial report, based on State reports, regarding the 
national progress of flexibility programs and the effect of such 
programs on improving educational achievement for all students and 
meeting the National Education Goals. The Secretary shall disseminate 
information on exemplary practices through the National Diffusion 
Network.

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