[Congressional Record Volume 145, Number 33 (Wednesday, March 3, 1999)]
[Senate]
[Pages S2225-S2227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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             EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

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                       JEFFORDS AMENDMENT NO. 31

  Mr. JEFFORDS proposed an amendment to the bill (S. 280) to provide 
for education flexibility partnerships; as follows:

       In the pending bill, strike all after the enacting clause 
     and insert the following:

     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 educational 
     reforms and raising the achievement levels of all children.
       (4) State educational agencies are closer to local school 
     systems, implement statewide educational 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, 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) Local educational agency; state educational agency.--
     The terms ``local educational agency'' and ``State 
     educational agency'' have the meanings given such terms in 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965.
       (2) Outlying area.--The term ``outlying area'' means Guam, 
     American Samoa, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     Palau, the Republic of the Marshall Islands, and the 
     Federated States of Micronesia.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (4) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     and each outlying area.

     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 any local 
     educational agency or school within the State.
       (B) Designation.--Each eligible State participating in the 
     program described in subparagraph (A) shall be known as 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, including the 
     requirements of that section relating to disaggregation of 
     data, and for which local

[[Page S2226]]

     educational agencies in the State are producing the 
     individual school performance profiles required by section 
     1116(a) of such Act; or
       (II) made substantial progress, as determined by the 
     Secretary, toward developing and implementing the standards 
     and 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 educational goals and for engaging in 
     the technical assistance and corrective actions consistent 
     with section 1116 of the Elementary and Secondary Education 
     Act of 1965, for the local educational agencies and schools 
     that do not make adequate yearly progress as described in 
     section 1111(b) of that Act; 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 
     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 as 
     described in paragraph (1)(A); and
       (II) State statutory or regulatory requirements relating to 
     education;

       (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 how the educational flexibility plan 
     is consistent with and will assist in implementing the State 
     comprehensive reform plan or, if a State does not have a 
     comprehensive reform plan, a description of how the 
     educational flexibility plan is coordinated with activities 
     described in section 1111(b) of the Elementary and Secondary 
     Education Act of 1965; and
       (iv) a description of how the State educational agency will 
     meet the requirements of paragraph (8).
       (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 
     the State in carrying out comprehensive educational reform, 
     after considering--
       (i) the eligibility of the State as described in paragraph 
     (2);
       (ii) the comprehensiveness and quality of the educational 
     flexibility plan described in subparagraph (A);
       (iii) the ability of such plan to ensure accountability for 
     the activities and goals described in such plan;
       (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 as 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 as 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, which may include progress toward 
     increased school and student performance, for each local 
     educational agency or school affected by the proposed waiver;
       (iv) explain why the waiver will assist the local 
     educational agency or school in reaching such goals; and
       (v) in the case of an application from a local educational 
     agency, describe how the local educational agency will meet 
     the requirements of paragraph (8).
       (B) Evaluation of applications.--A State educational agency 
     shall evaluate an application submitted under subparagraph 
     (A) in accordance with the State's educational 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; and
       (ii) the waiver of Federal statutory or regulatory 
     requirements as described in paragraph (1)(A) will assist the 
     local educational agency or school in reaching its 
     educational goals, particularly goals with respect to school 
     and student performance.
       (5) Monitoring and performance review.--
       (A) Monitoring.--Each State educational agency 
     participating in the program under this section shall 
     annually monitor the activities of local educational agencies 
     and schools receiving waivers under this section and shall 
     submit an annual report regarding such monitoring to the 
     Secretary.
       (B) Performance review.--The State educational agency shall 
     annually review the performance of any local educational 
     agency or school granted a waiver of Federal statutory or 
     regulatory requirements as described in paragraph (1)(A) and 
     shall terminate any waiver granted to the local educational 
     agency or school if the State educational agency determines, 
     after notice and opportunity for hearing, that the local 
     educational agency or school's performance with respect to 
     meeting the accountability requirement described in paragraph 
     (2)(B) and the goals described in paragraph (4)(A)(iii) has 
     been inadequate to justify continuation of such waiver.
       (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 and to continue 
     to meet the accountability requirement described in 
     subsection (a)(2)(B).
       (B) Performance review.--The Secretary shall periodically 
     review the performance of any State educational agency 
     granting waivers of Federal statutory or regulatory 
     requirements as described in paragraph (1)(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.
       (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 2000 through 2004.
       (8) Public notice and comment.--Each State educational 
     agency granted waiver authority under this section and each 
     local educational agency receiving a waiver under this 
     section shall provide the public adequate and efficient 
     notice of the proposed waiver authority or waiver, consisting 
     of a description of the agency's application for the proposed 
     waiver authority or waiver in a widely read or distributed 
     medium, and shall provide the opportunity for all interested 
     members of the community to comment regarding the proposed 
     waiver authority or waiver.
       (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 (other than subsections (a) and (c) of section 1116 
     of such Act).
       (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 and the State 
     educational agency 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) use of Federal funds to supplement, not supplant, non-
     Federal funds; and
       (G) 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) Continuing Eligibility.--
       (1) In general.--Each State educational agency that is 
     granted waiver authority under the provisions of law 
     described in paragraph (2) shall be eligible to continue the 
     waiver authority under the terms and conditions of the 
     provisions of law as the provisions of law are in effect on 
     the date of enactment of this Act.
       (2) Provisions of law.--The provisions of law referred to 
     in paragraph (1) are as follows:
       (A) Section 311(e) of the Goals 2000: Educate America Act.

[[Page S2227]]

       (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).
       (e) Accountability.--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 education 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)(4)(A)(ii).
       (f) Publication.--A notice of the Secretary's decision to 
     authorize State educational agencies to issue waivers under 
     this section, including a description of the rationale the 
     Secretary used to approve applications under subsection 
     (a)(3)(B), 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. 5. PROGRESS REPORTS.

       The Secretary, not later than 1 year after the date of 
     enactment of this Act and biennially thereafter, shall submit 
     to Congress a report that describes--
       (1) the Federal statutory and regulatory requirements for 
     which waiver authority is granted to State educational 
     agencies under this Act;
       (2) the State statutory and regulatory requirements that 
     are waived by State educational agencies under this Act;
       (3) the effect of the waivers upon implementation of State 
     and local educational reforms; and
       (4) the performance of students affected by the waivers.
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                WELLSTONE (AND KENNEDY) AMENDMENT NO. 32

  Mr. WELLSTONE (for himself and Mr. Kennedy) proposed an amendment to 
amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, supra; 
as follows:

       On page 8, line 4, after ``determines'' insert ``that the 
     State educational agency is carrying out satisfactorily all 
     of the State educational agency's statutory obligations under 
     title I of the Elementary and Secondary Education Act of 1965 
     to secure comprehensive school reform and''.
       On page 12, line 22, after ``hearing,'' insert ``that such 
     agency is not carrying out satisfactorily all of the agency's 
     statutory obligations under title I of the Elementary and 
     Secondary Education Act of 1965 to secure comprehensive 
     school reform or''
       On page 15, between lines 2 and 3, insert the following:
       (F) standards, assessments, components of schoolwide or 
     targeted assistance programs, accountability, or corrective 
     action, under title I of the elementary and Secondary 
     Education Act of 1965, as the requirement relates to local 
     educational agencies and schools;
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                       WELLSTONE AMENDMENT NO. 33

  Mr. WELLSTONE proposed an amendment to amendment No. 31 proposed by 
Mr. Jeffords to the bill, supra; as follows:

       On page 15, between lines 2 and 3, insert the following:
       (F) serving eligible school attendance areas in rank order 
     under section 1113(a)(3) of the Elementary and Secondary 
     Education Act of 1965;
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                  KENNEDY (AND OTHER) AMENDMENT NO. 34

  Mr. KENNEDY (for himself, Mr. Reid, Mr. Dodd, and Mr. Wellstone) 
proposed an amendment to amendment No. 31 proposed by Mr. Jeffords to 
the bill, S. 280, supra; as follows:

       On page 7, line 21, strike ``and'' after the semicolon.
       On page 7, line 24, strike the period and insert ``; and''.
       On page 7, line 24, insert the following:
       (v) a description of how the State educational agency will 
     evaluate, (consistent with the requirements of title I of the 
     Elementary and Secondary Education Act of 1965), the 
     performance of students in the schools and local educational 
     agencies affected by the waivers.
       On page 9, line 22, strike ``which may include progress 
     toward'' increased school and student performance.
       On page 11, line 17, insert ``in accordance with the 
     evaluation requirement described in paragraph (3)(A)(v),'' 
     before ``and shall''.
       On page 12, line 14, before the period insert ``, and has 
     improved student performance''.
       On page 16, line 9, insert ``and goals'' after ``desired 
     results''.
       On page 16, lines 10 and 11, strike ``subsection 
     (a)(4)(A)(ii)'' and insert ``clauses (ii) and (iii) of 
     subsection (a)(4)(A), respectively''.

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