[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 800 Engrossed in House (EH)]
1st Session
H. R. 800
_______________________________________________________________________
AN ACT
To provide for education flexibility partnerships.
106th CONGRESS
1st Session
H. R. 800
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Flexibility Partnership
Act of 1999''.
SEC. 2. FINDINGS.
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 1
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 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 education reforms
and raising the achievement levels of all children.
(4) State educational agencies are closer to local school
systems, implement statewide education 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 math 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Attendance area.--The term ``attendance area'' has the
meaning given the term ``school attendance area'' in section
1113(a)(2)(A) of the Elementary and Secondary Education Act of
1965.
(2) Ed-flex partnership state.--The term ``Ed-Flex
Partnership State'' means an eligible State designated by the
Secretary under section 4(a)(1)(B).
(3) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meaning given such terms in section 14101 of
the Elementary and Secondary Education Act of 1965.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) Education Flexibility Program.--
(1) Program authorized.--
(A) In general.--The Secretary may carry out an
education flexibility program under which the Secretary
authorizes a State educational agency that serves an
eligible State 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) Designation.--The Secretary shall designate
each eligible State participating in the program
described in subparagraph (A) to be an Ed-Flex
Partnership State.
(2) Eligible state.--For the purpose of this subsection the
term ``eligible State'' means a State that--
(A)(i) 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) of such Act; or
(II) developed and implemented content
standards and interim assessments and made
substantial progress, as determined by the
Secretary, toward developing and implementing
performance standards and final aligned
assessments, and toward having local
educational agencies in the State produce the
profiles, described in subclause (I); and
(ii) holds local educational agencies and schools
accountable for meeting the educational goals described
in the local applications submitted under paragraph
(4); and
(B) 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 education 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
education 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; and
(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 specific educational
objectives the State intends to meet under such
a plan;
(iv) a description of the process by which
the State will measure the progress of local
educational agencies in meeting specific goals
described in subsection (a)(4)(A)(iii); and
(v) an assurance that, not less than 30
days prior to waiving any Federal statutory or
regulatory requirement, or in accordance with
State law, the State educational agency shall
give public notice in widely-read publications,
such as large circulation newspapers and
community newspapers, of its intent to grant
such a waiver, a description of the Federal
statutory or regulatory requirements that the
State educational agency proposes to waive, any
improved performance of students that is
expected to result from the waiver, and the
State official--
(I) to whom comments on the
proposed waiver may be sent by
interested individuals and
organizations; and
(II) who will make all the comments
received available for review by any
member of the public.
(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 such State in carrying out
comprehensive education reform, after considering--
(i) the comprehensiveness and quality of
the education 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 degree to which the State's
objectives described in subparagraph (A)(iii)--
(I) are specific and measurable;
and
(II) measure the performance of
local educational agencies or schools
and specific groups of students
affected by waivers;
(iv) the significance of the State
statutory or regulatory requirements relating
to education that will be waived; and
(v) the quality of the State educational
agency's process for approving applications for
waivers of Federal statutory or regulatory
requirements 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 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 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, school, and
group of students affected by the proposed
waiver;
(iv) explain why the waiver will assist the
local educational agency or school in meeting
such goals; and
(v) provide an assurance that, not less
than 30 days prior to submitting the
application to the State educational agency for
a waiver under this section, or in accordance
with State law, the local educational agency or
school shall give public notice in widely-read
publications, such as large circulation
newspapers and community newspapers, of its
intent to request the waiver, a description of
the Federal statutory or regulatory
requirements that will be waived, any improved
performance of students that is expected to
result from the waiver, and the name and
address of the local educational agency
official--
(I) to whom comments on the
proposed waiver may be sent by
interested individuals and
organizations; and
(II) who will make all the comments
received available for review by any
member of the public.
(B) Evaluation of applications.--A State
educational agency shall evaluate an application
submitted under subparagraph (A) in accordance with the
State's education 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 described in paragraph
(1)(A) will assist the local educational agency
or school in meeting its educational goals; and
(iii) the State educational agency is
satisfied that the underlying purposes of the
statutory requirements of each program or Act
for which a waiver is granted continue to be
met.
(D) Termination.--If a local educational agency or
school that receives a waiver under this section
experiences a statistically significant decrease in the
level of performance in achieving the objectives
described in paragraph (3)(A)(iii) or goals in
paragraph (4)(A)(iii) for 2 consecutive years, the
State educational agency shall, after notice and an
opportunity for a hearing to explain such decrease,
terminate the waiver authority granted to such local
educational agency or school. If, after notice and an
opportunity for a hearing, the State educational agency
determines that the decrease in performance was
justified due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the local educational agency or school,
the waiver shall not be terminated.
(5) Oversight and reporting.--
(A) In general.--
(i) Oversight.--Each State educational
agency participating in the education
flexibility program under this section shall
annually monitor the activities of local
educational agencies and schools receiving
waivers under this section. Such monitoring
shall include a review of relevant audit,
technical assistance, evaluation, and
performance reports.
(ii) Reporting.--The State educational
agency shall submit to the Secretary an annual
report on the results of such oversight and its
impact on the improvement of education
programs.
(B) Performance data.--
(i) State reporting.--Not later than 2
years after a State is designated as an Ed-Flex
Partnership State, each such State shall
include, as part of their report to the
Secretary under clause (ii) of subparagraph
(A), performance data demonstrating the degree
to which progress has been made toward meeting
the objectives outlined in section 3(A)(iii).
The report to the Secretary shall, when
applicable, include--
(I) information on the total number
of waivers granted, including the
number of waivers granted for each type
of waiver;
(II) information describing the
types and characteristics of waivers
granted and their relationship to the
progress of local educational agencies
and schools toward meeting their
performance objectives; and
(III) an assurance from State
program managers that the data used to
measure performance of the education
flexibility program 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.
(ii) Secretary report.--The Secretary
shall--
(I) make each State report
available to Congress and the general
public;
(II) submit to Congress a report,
on a timely basis, that addresses the
impact that the education flexibility
program under this section has had with
regard to performance objectives
described in paragraph (3)(A)(iii).
The Secretary shall include in the report to
Congress an assurance that the data used to
measure performance of the education
flexibility program under this section are
complete, reliable, and accurate or a plan for
improving the reliability, completeness, and
accuracy of such data.
(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 has been effective in enabling such State
or affected local educational agencies or schools to
carry out their local reform plans.
(B) Performance review.--Three years after a State
is designated an Ed-Flex Partnership State, the
Secretary shall--
(i) review the performance of any State
educational agency in such State that grants
waivers of Federal statutory or regulatory
requirements described in paragraph (1)(A); and
(ii) terminate such agency's authority to
grant such waivers if the Secretary determines,
after notice and opportunity for a hearing,
that such agency has failed to make measurable
progress in meeting the objectives outlined in
paragraph (3)(A)(iii) to justify continuation
of such authority.
(7) Authority to issue waivers.--Notwithstanding any other
provision of law, the Secretary is authorized to carry out the
education flexibility program under this subsection for each of
the fiscal years 1999 through 2004.
(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements under the
following programs or Acts:
(1) Title I of the Elementary and Secondary Education Act
of 1965.
(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 may not waive any
statutory or regulatory requirement of the programs or Acts authorized
to be waived under subsection (a)(1)(A)--
(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;
(E) the distribution of funds to States or to local
educational agencies;
(F) the selection of schools to participate in part
A of title I of the Elementary and Secondary Education
Act of 1965, except that a State educational agency may
grant waivers to allow schools to participate in part A
of title I of such Act if the percentage of children
from low-income families in the attendance area of such
school or who actually attend such school is within 5
percentage points of the lowest percentage of such
children for any school in the local educational agency
that meets the requirements of section 1113 of the Act;
(G) use of Federal funds to supplement, not
supplant, non-Federal funds; and
(H) applicable civil rights requirements; 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) Application.--
(1) In general.--Except as provided in paragraphs (2) and
(3), this Act shall not apply to a State educational agency
that has been granted waiver authority under the following
provisions of law:
(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).
(2) Exception.--If a State educational agency that has been
granted waiver authority, pursuant to paragraph (1)(A) or (B),
applies to the Secretary to extend such authority, the
provisions of this Act, except subsection (e)(1), shall apply
to such agency.
(3) Effective date for existing ed-flex programs.--This Act
shall apply to a State educational agency described in
paragraph (2) beginning on the date that such an extension is
granted.
(e) Accountability.--
(1) Evaluation for ed-flex partnership states.--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 such agency--
(A) makes measurable progress toward achieving the
objectives described in the application submitted
pursuant to subsection (a)(3)(A)(iii); and
(B) demonstrates that local educational agencies or
schools affected by such waiver or authority have made
measurable progress toward achieving the desired
results described in the application submitted pursuant
to subsection (a)(4)(A)(iii).
(2) Evaluation for existing ed-flex programs.--In deciding
whether to extend a request for a State educational agency
described in subsection (d)(2) to issue waivers under this
section, the Secretary shall review the progress of the agency
in achieving the objectives set forth in the application
submitted pursuant to subsection (a)(2)(B)(iii) of the Goals
2000: Educate America Act.
(f) Publication.--A notice of the Secretary's decision to authorize
State educational agencies to issue waivers under this section 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.
(g) Effective Date.--This Act shall be effective during the period
beginning on the date of the enactment of this Act and ending on the
date of the enactment of an Act (enacted after the date of the
enactment of this Act) that reauthorizes the Elementary and Secondary
Education Act of 1965 in its entirety.
Passed the House of Representatives March 11, 1999.
Attest:
Clerk.