[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Reported in House (RH)]





                                                 Union Calendar No. 407

105th CONGRESS

  2d Session

                               H. R. 3248

                          [Report No. 105-710]

_______________________________________________________________________

                                 A BILL

                  To provide dollars to the classroom.

_______________________________________________________________________

                           September 14, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 407
105th CONGRESS
  2d Session
                                H. R. 3248

                          [Report No. 105-710]

                  To provide dollars to the classroom.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1998

    Mr. Pitts (for himself, Mr. Goodling, Mr. Armey, Mr. DeLay, Mr. 
   Boehner, Mr. Hoekstra, Mr. Graham, Mr. Blunt, Mr. Hilleary, Mrs. 
Emerson, Mr. Watts of Oklahoma, Mr. Talent, Mr. Redmond, Mr. Chambliss, 
Mr. Hefley, Mr. Ryun, Mr. Istook, Mr. Weldon of Florida, Mr. Manzullo, 
Mr. Smith of Michigan, Mr. Sensenbrenner, Mr. English of Pennsylvania, 
Mr. Royce, Mrs. Linda Smith of Washington, Mr. Solomon, Mr. Rogan, Mr. 
Sam Johnson of Texas, Mr. Chabot, Mrs. Myrick, Mr. Cooksey, Mr. Bryant, 
   Mr. Coburn, Mr. Bachus, Mr. Gillmor, Mr. Cook, Mr. Pickering, Mr. 
    Kingston, Mr. Norwood, Mr. Spence, Mr. Hayworth, Mr. Baker, Mr. 
Peterson of Pennsylvania, Mr. Snowbarger, Mr. Largent, Mr. Dickey, Mrs. 
 Chenoweth, Mr. Livingston, Mr. Bass, Mr. McIntosh, and Mr. Sessions) 
 introduced the following bill; which was referred to the Committee on 
                        Education and Workforce

                           September 14, 1998

    Additional sponsors: Mr. Lewis of Kentucky, Mr. Bob Schaffer of 
 Colorado, Mr. Gingrich, Mr. Shadegg, Mr. Tiahrt, Mr. Hostettler, Mr. 
Hutchinson, Mr. Gibbons, Mr. Doolittle, Mr. Scarborough, Mr. Skeen, Mr. 
Radanovich, Mr. Inglis of South Carolina, Mr. Neumann, Mr. Cannon, Mr. 
 Burton of Indiana, Mr. Ballenger, Mr. Crapo, Mr. Souder, Mr. Forbes, 
  Mr. Goodlatte, Mr. Shimkus, Mr. Riggs, Mr. Sununu, Mr. Calvert, Mr. 
Pappas, Mr. Smith of New Jersey, Mr. Barr of Georgia, Mr. Hastert, Mr. 
 Salmon, Ms. Christian-Green, Mr. Aderholt, Mr. Franks of New Jersey, 
  Mr. Wicker, Mr. Thune, Mrs. Cubin, Mr. Jones, Mr. Mica, Mr. Hall of 
   Texas, Mr. Gutknecht, Mrs. Wilson, Mr. Whitfield, Mr. Bliley, Mr. 
 Dreier, Mr. Hill, Mr. Miller of Florida, Mr. Ensign, Mr. Collins, Mr. 
 Buyer, Mr. Brady of Texas, Mr. Jenkins, Mr. Upton, Mr. Thompson, Mr. 
Hunter, Mr. Taylor of North Carolina, Mr. Horn, Mrs. Bono, Mr. Metcalf, 
                Ms. Granger, Mr. Herger, and Mr. Bunning

                           September 14, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 24, 1998]

_______________________________________________________________________

                                 A BILL


 
                  To provide dollars to the classroom.

    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 ``Dollars to the Classroom Act''.

       TITLE I--IMPROVEMENT OF CLASSROOM SERVICES AND ACTIVITIES

SEC. 101. GRANTS TO STATES.

    The Secretary is authorized to award grants in accordance with this 
title to States for use by States and local educational agencies to 
improve classroom services and activities for students.

SEC. 102. GRANT AWARD.

    (a) Reservation of Funds.--From the amount appropriated to carry 
out this title for any fiscal year, the Secretary shall reserve--
            (1) \1/2\ of 1 percent for the outlying areas, to be 
        distributed among the outlying areas on the basis of their 
        relative need, as determined by the Secretary in accordance 
        with the purposes of this section; and
            (2) \1/2\ of 1 percent for the Secretary of the Interior 
        for programs under this title in schools operated or funded by 
        the Bureau of Indian Affairs.
    (b) State Allocations.--Funds appropriated to carry out this title 
for any fiscal year, which are not reserved under subsection (a), shall 
be allocated among the States as follows:
            (1) Hold harmless.--If the amount of funds appropriated to 
        carry out this title in any fiscal year equals or exceeds the 
        aggregate amount all States received in fiscal year 1998 
        under--
                    (A) title III of the Goals 2000: Educate America 
                Act (20 U.S.C. 5881 et seq.);
                    (B) section 1002(g)(2) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6302(g));
                    (C) section 1502 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6492);
                    (D) part B of title II of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6641 et 
                seq.);
                    (E) section 3132 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6842 et seq.);
                    (F) title VI of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7311 et seq.); and
                    (G) part B of title VII of the Stewart B. McKinney 
                Homeless Assistance Act (42 U.S.C. 11421 et seq.),
        as such provisions were in effect on the day preceding the date 
        of the enactment of this Act, the Secretary shall allocate to 
        each State the aggregate amount such State received for fiscal 
        year 1998 under such provisions.
            (2) Insufficient funds.--If the amount of appropriations to 
        carry out this title for any fiscal year is insufficient to pay 
        the full amounts that all States are eligible to receive under 
        paragraph (1) for such year, the Secretary shall ratably reduce 
        such amounts for such year.
            (3) Remaining funds.--If funds remain after meeting the 
        requirements of paragraph (1), such remaining funds shall be 
        allocated among the States in the following manner:
                    (A) 50 percent of such remaining funds shall be 
                allocated to States in proportion to their grants under 
                part A of title I of the Elementary and Secondary 
                Education Act of 1965 for the preceding fiscal year; 
                and
                    (B) 50 percent of such remaining funds shall be 
                allocated to States in proportion to the number of 
                children ages 5 through 17, inclusive, according to the 
                most recent available data that are satisfactory to the 
                Secretary.
    (c) Definition of State.--For purposes of this section, the term 
``State'' includes the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.
    (d) Definition of Outlying Area.--For purposes of this section, the 
term ``outlying area'' includes American Samoa, Guam, the United States 
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
    (e) Payments.--Funds awarded to a State under this section shall be 
paid to the individual or entity in the State that is responsible for 
the State administration of Federal education funds pursuant to State 
law.
    (f) Use of State Awards.--
            (1) In general.--From the amount made available to a State 
        under subsection (b) for a fiscal year, the State--
                    (A) shall use not more than 5 percent of the total 
                amount to support programs or activities, for children 
                ages 5 through 17, that the State determines 
                appropriate, of which the State shall distribute 20 
                percent of the 5 percent to local educational agencies 
                in the State to pay the administrative expenses of the 
                local educational agencies that are associated with the 
                activities and services assisted under this section; 
                and
                    (B) shall distribute, pursuant to section 103(a), 
                not less than 95 percent of the amount to local 
                educational agencies in the State for the fiscal year 
                to enable the local educational agencies to pay the 
                costs of activities or services provided in the 
                classroom, for children ages 5 through 17, that the 
                local educational agencies determine appropriate 
                subject to the requirements of section 103(b).
            (2) Administrative expenses.--For the purpose of paragraph 
        (1)(B), the costs of activities and services provided in the 
        classroom exclude the administrative expenses associated with 
        the activities and services.
    (g) Supplement Not Supplant.--A State or local educational agency 
shall use funds received under this title only to supplement the amount 
of funds that would, in the absence of such Federal funds, be made 
available from non-Federal sources for the education of pupils 
participating in programs assisted under this title, and not to 
supplant such funds.
    (h) Annual Reports.--
            (1) In general.--Each State receiving assistance under this 
        part shall issue a report on an annual basis, not later than 
        April 1 of each year beginning the year after the date of the 
        enactment of this Act, to the Secretary, the Committee on 
        Education and the Workforce of the House of Representatives, 
        the Committee on Labor and Human Resources of the Senate, and 
        the Committees on Appropriations of the Senate and the House of 
        Representatives that describes how funds under this title have 
        been used to improve student performance in that State.
            (2) Certification.--The report must also include a 
        certification by the State that 95 percent of funding provided 
        under this title during the preceding fiscal year has been 
        expended by local educational agencies within that State for 
        classroom activities and services pursuant to subsection 
        (f)(1)(B).
            (3) Measures of performance.--In determining student 
        academic performance within the State, the State shall use such 
        measures of student academic performance as it deems 
        appropriate. The State may disaggregate data by poverty, 
        subject area, race, gender, geographic location, or other 
        criteria as the State deems appropriate.
            (4) Availability of report.--Each State shall make the 
        report described in this subsection available to parents and 
        members of the public throughout that State.

SEC. 103. LOCAL AWARDS.

    (a) Determination of Amount of Funds.--
            (1) In general.--The individual or entity in the State that 
        is responsible for the State administration of Federal 
        education funds pursuant to State law of each State receiving 
        assistance under this title, in consultation with the Governor 
        of such State, the chief State school officer of such State, 
        representatives from the State legislature, and representatives 
        from local educational agencies within such State, shall 
        develop a formula for the allocation of funds described in 
        section 102, to local educational agencies, taking into 
        consideration--
                    (A) poverty rates within each local educational 
                agency;
                    (B) children living in sparsely populated areas;
                    (C) an equitable distribution of funds among urban, 
                rural, and suburban areas;
                    (D) children whose education imposes a higher than 
                average cost per child; and
                    (E) such other factors as considered appropriate.
            (2) Hold harmless.--No local educational agency shall 
        receive an award under this subsection for any fiscal year in 
        an amount that is less than the amount the local educational 
        agency received to carry out programs or activities for fiscal 
        year 1998 for title III of the Goals 2000: Educate America Act 
        (20 U.S.C. 5881 et seq.), part B of title II of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq.), 
        section 3132 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6842 et seq.), title VI of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7311 et seq.), and 
        part B of title VII of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11421 et seq.) as in effect on the 
        day preceding the date of the enactment of this Act plus 
        amounts the local educational agency is eligible to receive 
        during fiscal years 1999 through 2003 pursuant to all multiyear 
        awards made prior to the date of enactment of this Act under 
        any program that is repealed by section 107 that is not listed 
        in this sentence.
            (3) Insufficient funds.--If the amount allocated to a State 
        to carry out this title for any fiscal year is insufficient to 
        pay the full amounts that all local educational agencies in 
        such State are eligible to receive under paragraph (2) for such 
        year, the State shall ratably reduce such amounts for such 
        year.
    (b) Local Uses of Funds.--Funds made available under this section 
to a local educational agency shall be used for the following classroom 
services and activities:
            (1) Programs for the acquisition and use of instructional 
        and educational materials, including library services and 
        materials (including media materials), assessments, reference 
        materials, and other curricular materials which are tied to 
        high academic standards and which will be used to improve 
        student achievement and which are part of an overall education 
        reform program.
            (2) Professional development for instructional staff.
            (3) Programs to improve the higher order thinking skills of 
        disadvantaged elementary and secondary school students and to 
        prevent students from dropping out of school.
            (4) Efforts to lengthen the school day or the school year.
            (5) Programs to combat illiteracy in the student 
        population.
            (6) Programs to provide for the educational needs of gifted 
        and talented children.
            (7) Promising education reform projects that are tied to 
        State student content and performance standards.
            (8) Carrying out comprehensive school reform programs that 
        are based on reliable research.
            (9) Programs for homeless children and youth.
            (10) Programs that are built upon partnerships between 
        local educational agencies and institutions of higher 
        education, educational service agencies, libraries, businesses, 
        regional educational laboratories, or other educational 
        entities, for the purpose of providing educational services 
        consistent with this section.
            (11) The acquisition of books, materials and equipment, 
        payment of compensation of instructional staff, and 
        instructional activities that are necessary for the conduct of 
        programs in magnet schools.
            (12) Programs to promote academic achievement among women 
        and girls.
            (13) Programs to provide for the educational needs of 
        children with limited English proficiency or who are American 
        Indian, Alaska Native, or Native Hawaiian.
            (14) Activities to provide the academic support, 
        enrichment, and motivation to enable all students to reach high 
        State standards.
            (15) Efforts to reduce the pupil-teacher ratio.
            (16) Projects and programs which assure the participation 
        in mainstream settings in arts and education programs of 
        individuals with disabilities.
            (17) Projects and programs to integrate arts education into 
        the regular elementary and secondary school curriculum.
            (18) Programs designed to educate students about the 
        history and principles of the Constitution of the United 
        States, including the Bill of Rights, and to foster civic 
        competence and responsibility.
            (19) Mathematics and science education instructional 
        materials.
            (20) Programs designed to improve the quality of student 
        writing and learning and the teaching of writing as a learning 
        process.
            (21) Technology related to the implementation of school-
        based reform programs, including professional development to 
        assist teachers and other school officials regarding how to 
        effectively use such equipment and software.
            (22) Computer software and hardware for instructional use.
            (23) Developing, adapting, or expanding existing and new 
        applications of technology.
            (24) Acquiring connectivity linkages, resources, and 
        services, including the acquisition of hardware and software, 
        for use by teachers, students, and school library media 
        personnel in the classroom or in school library media centers, 
        in order to improve student learning.
            (25) After-school programs designed to engage children in a 
        constructive manner and to promote their academic, 
        developmental, and personal growth;
            (26) Developing, constructing, acquiring, maintaining, 
        operating, and obtaining technical assistance in the use of 
        telecommunications audio and visual facilities and equipment 
        for use in the classroom.
            (27) Developing, acquiring, and obtaining technical 
        assistance in the use of educational and instructional video 
        programming for use in the classroom.
    (c) Parent Involvement.--Each local educational agency receiving 
assistance under this section shall involve parents and members of the 
public in planning for the use of funds provided under this section.

SEC. 104. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    Each local educational agency that receives funds under this title 
shall provide for the participation of children enrolled in private 
schools, and their teachers or other educational personnel, in the 
activities and services assisted under such section in the same manner 
as private school children, and their teachers or other educational 
personnel, participate in activities and services under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant 
to sections 14503, 14504, 14505, and 14506 of such Act (20 U.S.C. 8893, 
8894, 8895, and 8896).

SEC. 105. DEFINITIONS.

    In this title--
            (1) the term ``local educational agency'' has the meaning 
        given the term in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801);
            (2) the term ``educational service agency'' has the meaning 
        given the term in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801);
            (3) the term ``Secretary'' means the Secretary of 
        Education; and
            (4) except as otherwise provided, the term ``State'' means 
        each of the several States of the United States, the District 
        of Columbia, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        the United States Virgin Islands.

SEC. 106. GENERAL PROVISIONS.

    (a) Rule of Construction.--Nothing in this title shall be construed 
to authorize an officer or employee of the Federal Government to 
require, direct, or control a State, local educational agency or 
school's specific instructional content of pupil performance standards 
and assessments, curriculum, or program of instruction as a condition 
of eligibility to receive funds under this title.
    (b) State and Local Determination.--
            (1) In general.--The Secretary shall not issue any 
        regulation regarding the type of classroom activities or 
        services that may be assisted under this title.
            (2) Instructional method and setting.--No local educational 
        agency shall be required to provide services under this title 
        through a particular instructional method or in a particular 
        instructional setting in order to receive funding under this 
        title.

SEC. 107. REPEALS.

    The following provisions are repealed:
            (1) Title III of the Goals 2000: Educate America Act (20 
        U.S.C. 5881 et seq.).
            (2) Title IV of the Goals 2000: Educate America Act (20 
        U.S.C. 5911 et seq.).
            (3) Title VI of the Goals 2000: Educate America Act (20 
        U.S.C. 5951).
            (4) Titles II, III, and IV of the School-to-Work 
        Opportunities Act of 1994 (20 U.S.C. 6121 et seq., 6171 et 
        seq., and 6191 et seq.).
            (5) Section 1502 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6492).
            (6) Section 1503 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6493).
            (7) Section 1002(g)(2) of the Elementary and Secondary 
        Education Act of 1965.
            (8) Part A of title II of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6621 et seq.).
            (9) Part B of title II of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6641 et seq.).
            (10) Title III of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6801 et seq.).
            (11) Part A of title V of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7201 et seq.).
            (12) Part B of title V of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7231 et seq.).
            (13) Title VI of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7311 et seq.).
            (14) Part B of title IX of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7901 et seq.).
            (15) Part C of title IX of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7931 et seq.).
            (16) Part A of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (17) Part B of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8031 et seq.).
            (18) Part D of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8091 et seq.).
            (19) Part F of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8141 et seq.).
            (20) Part G of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8161 et seq.).
            (21) Part I of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8241 et seq.).
            (22) Part J of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8271 et seq.).
            (23) Part K of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8331 et seq.).
            (24) Part L of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8351 et seq.).
            (25) Part A of title XIII of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8621 et seq.).
            (26) Part C of title XIII of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8671 et seq.).
            (27) Subtitle B of title VII of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11421 et seq.).

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, 
$2,740,000,000 for fiscal year 1999; $2,800,000,000 for fiscal year 
2000; $2,870,000,000 for fiscal year 2001; $2,940,000,000 for fiscal 
year 2002; and $3,001,000,000 for fiscal year 2003.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. EXPANSION OF ED-FLEX DEMONSTRATIONS.

    (a) Waiver Authority.--
            (1) In general.--Except as provided in subsection (c), the 
        Secretary may waive any statutory or regulatory requirement 
        applicable to any program or Act described in subsection (b) 
        for a State educational agency, local educational agency, or 
        school if--
                    (A) and only to the extent that, the Secretary 
                determines that such requirement impedes the ability of 
                the State, or of a local educational agency or school 
                in the State, to carry out the State or local 
                improvement plan;
                    (B) the State educational agency has waived, or 
                agrees to waive, similar requirements of State law;
                    (C) in the case of a statewide waiver, the State 
                educational agency--
                            (i) provides all local educational agencies 
                        and parent organizations in the State with 
                        notice and an opportunity to comment on the 
                        State educational agency's proposal to seek a 
                        waiver; and
                            (ii) submits the local educational 
                        agencies' comments to the Secretary; and
                    (D) in the case of a local educational agency 
                waiver, the local educational agency provides parents, 
                community groups, and advocacy or civil rights groups 
                with the opportunity to comment on the proposed waiver.
            (2) Application.--(A)(i) To request a waiver under 
        paragraph (1), a local educational agency or school that 
        receives funds under this title, or a local educational agency 
        or school shall transmit an application for such a waiver to 
        the State educational agency. The State educational agency then 
        shall submit approved applications for waivers under paragraph 
        (1) to the Secretary.
            (ii) A State educational agency may request a waiver under 
        paragraph (1) by submitting an application for such waiver to 
        the Secretary.
            (B) Each application submitted to the Secretary under 
        subparagraph (A) shall--
                    (i) identify the statutory or regulatory 
                requirements that are requested to be waived and the 
                goals that the State educational agency or local 
                educational agency or school intends to achieve;
                    (ii) describe the action that the State educational 
                agency has undertaken to remove State statutory or 
                regulatory barriers identified in the application of 
                local educational agencies;
                    (iii) describe the goals of the waiver and the 
                expected programmatic outcomes if the request is 
                granted;
                    (iv) describe the numbers and types of students to 
                be impacted by such waiver;
                    (v) describe a timetable for implementing a waiver; 
                and
                    (vi) describe the process the State educational 
                agency will use to monitor, on a biannual basis, the 
                progress in implementing a waiver.
            (3) Timeliness.--The Secretary shall act promptly on a 
        request for a waiver under paragraph (1) and shall provide a 
        written statement of the reasons for granting or denying such 
        request.
            (4) Duration.--Each waiver under paragraph (1) shall be for 
        a period not to exceed 4 years. The Secretary may extend such 
        period if the Secretary determines that the waiver has been 
        effective in enabling the State or affected local educational 
        agencies to carry out reform plans.
    (b) Included Programs.--The statutory or regulatory requirements 
subject to the waiver authority of this section are any such 
requirements under the following programs or Acts:
            (1) Title I of the Elementary and Secondary Education Act 
        of 1965.
            (2) Part A of title II of the Elementary and Secondary 
        Education Act of 1965.
            (3) Part A of title V of the Elementary and Secondary 
        Education Act of 1965.
            (4) Title VIII of the Elementary and Secondary Education 
        Act of 1965.
            (5) Part B of title IX of the Elementary and Secondary 
        Education Act of 1965.
            (6) The Carl D. Perkins Vocational and Applied Technology 
        Education Act.
    (c) Waivers Not Authorized.--The Secretary may not waive any 
statutory or regulatory requirement of the programs or Acts described 
in subsection (b)--
            (1) relating to--
                    (A) maintenance of effort;
                    (B) comparability of services;
                    (C) the equitable participation of students and 
                professional staff in private schools;
                    (D) parental participation and involvement; and
                    (E) the distribution of funds to States or to local 
                educational agencies; and
            (2) unless the underlying purposes of the statutory 
        requirements of each program or Act for which a waiver is 
        granted continue to be met to the satisfaction of the 
        Secretary.
    (d) Termination of Waivers.--The Secretary shall periodically 
review the performance of any State, local educational agency, or 
school for which the Secretary has granted a waiver under subsection 
(a)(1) and shall terminate the waiver if the Secretary determines that 
the performance of the State, the local educational agency, or the 
school in the area affected by the waiver has been inadequate to 
justify a continuation of the waiver.
    (e) Flexibility Demonstration.--
            (1) Short title.--This subsection may be cited as the 
        ``Education Flexibility Partnership Demonstration Act''.
            (2) Program authorized.--
                    (A) In general.--The Secretary may carry out an 
                education flexibility demonstration program under which 
                the Secretary authorizes not more than 50 State 
                educational agencies serving eligible States to waive 
                statutory or regulatory requirements applicable to 1 or 
                more programs or Acts described in subsection (b), 
                other than requirements described in subsection (c), 
                for the State educational agency or any local 
                educational agency or school within the State.
                    (B) Award rule.--In carrying out subparagraph (A), 
                the Secretary shall select for participation in the 
                demonstration program described in subparagraph (A) 
                three State educational agencies serving eligible 
                States that each have a population of 3,500,000 or 
                greater and three State educational agencies serving 
                eligible States that each have a population of less 
                than 3,500,000, determined in accordance with the most 
                recent decennial census of the population performed by 
                the Bureau of the Census.
                    (C) Designation.--Each eligible State participating 
                in the demonstration program described in subparagraph 
                (A) shall be known as an ``Ed-Flex Partnership State''.
            (3) Eligible state.--For the purpose of this subsection the 
        term ``eligible State'' means a State that 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.
            (4) State application.--(A) Each State educational agency 
        desiring to participate in the education flexibility 
        demonstration program under this subsection 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 described in paragraph (2)(A); and
                            (II) State statutory or regulatory 
                        requirements relating to education; and
                    (ii) a detailed description of the State statutory 
                and regulatory requirements relating to education that 
                the State educational agency will waive.
            (B) 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 such State in carrying out 
        comprehensive educational reform, after considering--
                    (i) the comprehensiveness and quality of the 
                educational flexibility plan described in subparagraph 
                (A);
                    (ii) the ability of such plan to ensure 
                accountability for the activities and goals described 
                in such plan;
                    (iii) the significance of the State statutory or 
                regulatory requirements relating to education that will 
                be waived; and
                    (iv) the quality of the State educational agency's 
                process for approving applications for waivers of 
                Federal statutory or regulatory requirements described 
                in paragraph (2)(A) and for monitoring and evaluating 
                the results of such waivers.
            (5) Local application.--(A) Each local educational agency 
        or school requesting a waiver of a Federal statutory or 
        regulatory requirement described in paragraph (2)(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 the 
                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
                    (iv) explain why the waiver will assist the local 
                educational agency or school in reaching such goals.
            (B) A State educational agency shall evaluate an 
        application submitted under subparagraph (A) in accordance with 
        the State's educational flexibility plan described in paragraph 
        (4)(A).
            (C) 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; and
                    (ii) the waiver of Federal statutory or regulatory 
                requirements described in paragraph (2)(A) will assist 
                the local educational agency or school in reaching its 
                educational goals.
            (6) Monitoring.--Each State educational agency 
        participating in the demonstration program under this 
        subsection shall annually monitor the activities of local 
        educational agencies and schools receiving waivers under this 
        subsection and shall submit an annual report regarding such 
        monitoring to the Secretary.
            (7) Duration of federal waivers.--(A) The Secretary shall 
        not approve the application of a State educational agency under 
        paragraph (4) 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 has been 
        effective in enabling such State or affected local educational 
        agencies or schools to carry out their local reform plans.
            (B) The Secretary shall periodically review the performance 
        of any State educational agency granting waivers of Federal 
        statutory or regulatory requirements described in paragraph 
        (2)(A) and shall terminate such agency's authority to grant 
        such waivers if the Secretary determines, after notice and 
        opportunity for hearing, that such agency's performance has 
        been inadequate to justify continuation of such authority.
    (f) Accountability.--In deciding whether to extend a request for a 
waiver under subsection (a)(1), or a State educational agency's 
authority to issue waivers under subsection (e), the Secretary shall 
review the progress of the State educational agency, local educational 
agency, or school affected by such waiver or authority to determine if 
such agency or school has made progress toward achieving the desired 
results described in the application submitted pursuant to subsection 
(a)(2)(B)(iii) or (e)(5)(A)(ii).
    (g) Publication.--A notice of the Secretary's decision to grant 
waivers under subsection (a)(1) and to authorize State educational 
agencies to issue waivers under subsection (e) 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, advocacy and civil 
rights organizations, other interested parties, and the public.

SEC. 202. EXPANSION OF SCHOOLWIDE PROGRAMS.

    Section 1114(a)(1) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6314) is amended by striking ``if, for the initial year 
of the schoolwide program'' and all that follows through the end and 
inserting a period.