[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1944 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1944
To provide dollars to the classroom.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2001
Mr. Pitts (for himself, Mr. Hoekstra, Mr. DeMint, Mr. Tancredo, Mr.
Royce, Mr. Graves, Mr. Ryun of Kansas, Mr. Hilleary, Mr. Manzullo, Mr.
Rogers of Michigan, Mr. Doolittle, Mr. Weldon of Florida, Mr. Aderholt,
Mr. Burton of Indiana, Mr. Shadegg, Mr. Toomey, Mr. Barr of Georgia,
Mr. Herger, Ms. Hart, Mr. Brady of Texas, Mr. Hostettler, Mr. Vitter,
Mr. Terry, Mr. Hayworth, Mr. Sessions, Mr. Chabot, Mr. Lewis of
Kentucky, Mr. Tiahrt, Mr. Sam Johnson of Texas, Mr. Pence, and Mr.
Norwood) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
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 2001 under
the following provisions, as such provisions were in effect on
the day preceding the date of the enactment of this Act--
(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.)
(excluding amounts appropriated under section 307 of
the Department of Education Appropriations Act of
1999); and
(G) part B of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11421 et seq.),
the Secretary shall allocate to each State the aggregate amount
such State received for fiscal year 2001 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 2001 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.)
(excluding amounts appropriated under section 307 of the
Department of Education Appropriations Act of 2001), 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 2001 through 2005
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 Determinations.--
(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 education
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,
$3,427,000 for fiscal year 2002, $3,529,000 for fiscal year 2003,
$3,635,000 for fiscal year 2004, $3,744,000 for fiscal year 2005; and
$3,856,000 for fiscal year 2006.
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.
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