[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Enrolled Bill (ENR)]


        S.2363

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
  To extend the educational flexibility program under section 4 of the 
             Education Flexibility Partnership Act of 1999.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.