II 109th CONGRESS 2d Session S. 2363 IN THE SENATE OF THE UNITED STATES March 2, 2006 Mr. Burr (for himself, Mr. Jeffords, Mr. Leahy, Mr. Allard, Mr. Salazar, Mr. Carper, Mr. Roberts, Mr. Brownback, Mr. Kennedy, Mr. Kerry, Mrs. Dole, Mr. Santorum, Mr. Specter, Mr. Cornyn, Mrs. Hutchison, Mr. Wyden, and Mr. Frist) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To extend the educational flexibility program under section 4 of the Education Flexibility Partnership Act of 1999.

1.

Educational flexibility program extension

(a)

Extension authority

Notwithstanding any other provision of law, the Secretary of Education is authorized to carry out the educational flexibility program under section 4 of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891b), until the date of enactment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), for any State that was an Ed-Flex Partnership State on September 30, 2004. (b)

Designation

(1)

In general

Any designation of a State as an Ed-Flex Partnership State that was in effect on September 30, 2004, shall be extended until the date of enactment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Education Act of 1965, if the Secretary of Education makes the determination described in paragraph (2). (2)

Determination

The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation.