[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 525 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 525

             To establish the Educational Flexibility Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 5 (legislative day, March 3), 1993

 Mr. Hatfield introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
             To establish the Educational Flexibility Act.

    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 ``Educational Flexibility Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) historically, Federal education programs have addressed 
        the Nation's most pressing educational problems by providing 
        categorical assistance with detailed requirements relating to 
        the use of funds;
            (2) while the approach described in paragraph (1) has 
        proven generally successful, some program requirements may 
        inadvertently impede educational achievement;
            (3) the Nation's schools are being asked to deal 
        effectively with increasingly diverse educational needs that 
        current program structures may not be flexible enough to 
        address; and
            (4) in an era when educational change and reform must 
        prevail, it is more important than ever to provide programs 
        that--
                    (A) result in improved educational outcomes for all 
                students;
                    (B) promote the coordination of education and 
                related services that benefit children and their 
                families;
                    (C) respond flexibly to the needs of a diverse 
                student population;
                    (D) stop the proliferation of unnecessary Federal, 
                State, and local regulation; and
                    (E) place less emphasis on measuring resources and 
                reviewing procedures and more emphasis on achieving 
                program results.
    (b) Purpose.--It is the purpose of this Act to establish a national 
program which--
            (1) promotes educational reform that leads to improved 
        educational outcomes for participants in affected programs;
            (2) holds accountable the schools and other recipients of 
        Federal funds for achieving specific educational goals in 
        exchange for increased flexibility in the use of their 
        resources; and
            (3) enables school and program administrators, teachers, 
        parents, local educational agencies, and community groups to 
        work together to develop effective education programs that meet 
        the needs of all participants, particularly those who are 
        disadvantaged.

SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED 
              SERVICES.

    Subpart 1 of part C of the General Education Provisions Act (20 
U.S.C. 1221 et seq.) is amended by adding after section 421A the 
following new section:

``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED 
              SERVICES.

    ``(a) Program Authorized.--
            ``(1) In general.--(A) The Secretary, in accordance with 
        this section, shall assist elementary and secondary schools and 
        other service providers to improve the achievement of all 
        students and other participants, but particularly disadvantaged 
        individuals, by authorizing waivers for States to enable such 
        States to conduct projects to improve the performance of 
        schools and programs by increasing their flexibility in the use 
        of their resources while holding them accountable for achieving 
        educational gains.
            ``(B)(i) In support of these projects, the Secretary is 
        authorized to waive any statutory or regulatory requirement 
        (except as provided in subsection (e)) applicable to a program 
        described in clause (ii) that the Secretary determines may 
        impede the ability of a school or other service provider to 
        meet the special needs of such students and other individuals 
        in the most effective manner possible. The head of any other 
        Federal agency is similarly authorized to waive such 
        requirements (except as provided in subsection (e)) applicable 
        to an elementary, secondary, or youth vocational training 
        program described in clause (ii) and administered by such 
        agency if the head of such agency and the Secretary agree that 
        such a waiver would promote the purpose of this section.
            ``(ii) The Secretary shall only waive a statutory or 
        regulatory requirement applicable to a program under--
                    ``(I) chapter 1 of title I of the Elementary and 
                Secondary Education Act of 1965;
                    ``(II) chapter 2 of title I of the Elementary and 
                Secondary Education Act of 1965;
                    ``(III) the Dwight D. Eisenhower Mathematics and 
                Science Education Act;
                    ``(IV) the Follow Through Act;
                    ``(V) subtitle B of title VII of the Stewart B. 
                McKinney Homeless Assistance Act;
                    ``(VI) the Carl D. Perkins Vocational and Applied 
                Technology Education Act, except part H of title III 
                and funds allocated by States under section 232 of such 
                Act;
                    ``(VII) the Jacob K. Javits Gifted and Talented 
                Students Education Act of 1988;
                    ``(VIII) the Drug-Free Schools and Communities Act 
                of 1986; and
                    ``(IX) the Alcohol and Drug Abuse Education Act.
            ``(2) Project duration.--Projects assisted under this 
        section, and any waivers associated with such projects, shall 
        last not longer than 3 years, except that the Secretary may 
        extend a project and any associated waivers for an additional 2 
        years if the Secretary determines that the project is making 
        substantial progress in meeting its goals.
            ``(3) Termination.--The Secretary shall terminate a project 
        and its associated waivers if the Secretary, at any time, 
        determines it is not making acceptable progress toward meeting 
        its goals. The head of any other Federal agency who has granted 
        waivers under this section shall determine whether to extend or 
        terminate those waivers, but the Secretary shall have exclusive 
        authority to extend or terminate the project.
    ``(b) Eligibility.--
            ``(1) In general.--(A) The Secretary shall only assist a 
        project under this section in a State which has demonstrated to 
        the satisfaction of the Secretary that the State has 
        implemented a comprehensive regulatory reform plan at least 2 
        years prior to the date on which the State transmits approved 
        applications pursuant to subsection (c)(2).
            ``(B) For the purposes of this section, the term 
        `comprehensive regulatory reform plan' means a plan developed 
        by a State that offers local educational agencies within such 
        State waivers of certain State statutory and regulatory 
        requirements while holding such local educational agencies 
        accountable for improved performance of students affected by 
        such waivers.
            ``(2) Grade and program requirement.--To the extent 
        possible, each grade and academic program in a participating 
        school shall participate in a project assisted under this 
        section.
    ``(c) Applications.--
            ``(1) Local.--A local educational agency desiring to 
        participate in a project assisted under this section shall 
        submit an application to the State educational agency for 
        approval.
            ``(2) Approval and transmission to secretary.--The State 
        educational agency shall transmit approved applications 
        described in paragraph (1) to the Secretary.
            ``(3) Contents.--Each application transmitted pursuant to 
        paragraph (2) shall include a plan which meets the purposes of 
        the Educational Flexibility Act and--
                    ``(A) describes the purposes and overall expected 
                outcomes of the project;
                    ``(B) indicates the Federal programs and 
                requirements of such programs which will be waived and 
                how such waivers will improve or maintain educational 
                achievement among all students affected by such 
                programs and requirements;
                    ``(C) indicates which State and local requirements 
                will be waived;
                    ``(D) describes specific, measurable, educational 
                goals for each school or other site in the project and 
                for each school year of the project, including--
                            ``(i) goals for improving the achievement 
                        of all participants, including disadvantaged 
                        individuals, with respect to achievement in 
                        basic and advanced skills;
                            ``(ii) goals that reflect the broad 
                        purposes of each program for which a waiver is 
                        sought; and
                            ``(iii) an explanation of how the applicant 
                        will measure progress in meeting the goals set 
                        for each school or site in the project and for 
                        disadvantaged individuals participating in the 
                        project; and
                    ``(E) identifies the elementary or secondary 
                schools to be included in the project and describes the 
                student population at each such school, including--
                            ``(i) current data regarding the 
                        achievement of disadvantaged students as well 
                        as other students; and
                            ``(ii) 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 such term is defined 
                                in section 602(a)(1) of the Individuals 
                                with Disabilities Education Act;
                                    ``(III) are currently or formerly 
                                migratory;
                                    ``(IV) are educationally deprived, 
                                as determined by eligibility for 
                                assistance under chapter 1 of title I 
                                of the Elementary and Secondary 
                                Education Act of 1965; and
                                    ``(V) are eligible for a free or 
                                reduced price school lunch.
    ``(d) Approval of Projects.--
            ``(1) In general.--The Secretary shall approve an 
        application from a State that the Secretary determines shows 
        substantial promise of achieving the purposes of the 
        Educational Flexibility Act after considering--
                    ``(A) the comprehensiveness of the project, 
                including the types of students, schools, programs, and 
                activities to be included;
                    ``(B) the extent to which the provisions for which 
                waivers are sought impede educational improvement;
                    ``(C) the State and local requirements that will be 
                waived for the project;
                    ``(D) the significance and feasibility of the 
                proposed project's goals for each participating school 
                or site; and
                    ``(E) the quality of the plan for ensuring 
                accountability for the proposed plan's activities and 
                goals.
            ``(2) Consultation.--The Secretary shall consult with the 
        heads of other appropriate Federal agencies, if any, in 
        determining whether to approve a project. Each such agency head 
        shall notify the Secretary of any waivers granted by such 
        agency head as part of such project.
            ``(3) Distribution of projects.--The Secretary shall ensure 
        that, to the extent feasible, projects assisted under this 
        section are geographically distributed, and equitably 
        distributed among urban, suburban, and rural areas, as well as 
        large and small schools.
    ``(e) Allocation of Federal Funds; Restriction on Waivers.--
            ``(1) Allocation of federal funds.--Federal funds under any 
        program that are used to support a project under this section 
        shall be allocated to local educational agencies and other 
        recipients within the local educational agency in accordance 
        with the statutory and regulatory requirements that govern the 
        operation of that program, except that, for the purpose of such 
        a project, the Secretary (or the head of any other Federal 
        agency) may extend the duration of, and provide continuation 
        funding to, a project chosen on a competitive basis that a 
        participating agency is conducting.
            ``(2) Restriction on waivers.--Neither the Secretary nor 
        the head of any other Federal agency shall waive under this 
        section any statutory or regulatory requirement in awarding a 
        grant after the date of enactment of the Educational 
        Flexibility Act to a service provider within the local 
        educational agency or other applicant participating in a 
        project under this section.
            ``(3) Special rule.--Neither the Secretary nor, where 
        applicable, the head of any other Federal agency shall waive 
        under this section any statutory or regulatory requirement--
                    ``(A) under section 438 and 439 of the General 
                Education Provisions Act;
                    ``(B) under title VI of the Civil Rights Act of 
                1964, section 504 of the Rehabilitation Act of 1973, 
                title IX of the Education Amendments of 1972, or title 
                II of the Americans with Disabilities Act;
                    ``(C) under the Individuals with Disabilities 
                Education Act; or
                    ``(D) relating to--
                            ``(i) maintenance of effort;
                            ``(ii) comparability; or
                            ``(iii) the equitable participation of 
                        students attending private schools.
    ``(f) Reports and Evaluations.--
            ``(1) Project reports.--Each project assisted under this 
        section shall submit, not later than 90 days after the end of 
        each fiscal year of the project, an annual report to the 
        Secretary that--
                    ``(A) summarizes the principal activities of the 
                project;
                    ``(B) contains school-by-school and other data, as 
                described in the project plan, that show the extent to 
                which the project is meeting its overall goals, 
                including its goals for improving the achievement of 
                all participants, particularly disadvantaged 
                individuals, with respect to achievement in basic and 
                advanced skills, and is meeting the goals for each 
                school or other site;
                    ``(C) describes the impact of the project on 
                disadvantaged children in schools, if any, that are not 
                participating in the project;
                    ``(D) describes the effectiveness of efforts to 
                coordinate programs and services for children and their 
                families as appropriate; and
                    ``(E) provides information or comparable data 
                regarding the achievement levels demonstrated by 
                children or students served pursuant to programs 
                described in clause (ii) of subsection (a)(1)(B) during 
                the preceding 3 fiscal years compared with the 
                achievement levels demonstrated by children or students 
                served under this section.
            ``(2) Secretary's report.--Beginning in fiscal year 1995 
        and every 2 years thereafter, the Secretary shall submit a 
        report to the Congress that summarizes and analyzes the project 
        reports required by paragraph (1).
            ``(3) Evaluation reports.--Within 7 years of the date of 
        enactment of the Educational Flexibility Act, and at such 
        interim points as the Secretary deems appropriate, the 
        Secretary shall provide to the Congress an independent 
        evaluation of the projects assisted under this section, as well 
        as an evaluation of the program assisted under this section by 
        the Department of Education and other affected Federal 
        agencies. Such reports may include recommendations for 
        amendments to program statutes that are based on the experience 
        of projects that successfully raise educational achievement by 
        eliminating or modifying statutory or regulatory provisions 
        that impede educational improvement.
    ``(g) Definition.--For the purpose of this section, the term 
`disadvantaged students' includes students of limited English 
proficiency, children with disabilities, students who are currently or 
formerly migratory, and students who are educationally deprived.
    ``(h) Budget Neutrality.--The authority provided by this section 
shall not be exercised in a manner that, for any fiscal year, increases 
total obligations or outlays of discretionary appropriations for 
programs subject to such authority, or that increases total obligations 
or outlays of funding for all direct-spending programs subject to such 
authority over those that would have occurred absent such authority.''.

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