[Congressional Record Volume 145, Number 34 (Thursday, March 4, 1999)]
[House]
[Pages H1014-H1016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 800

                         Offered by: Mr. Castle

               (Amendment in the Nature of a Substitute)

       Amendment No. 1: 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, 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.

[[Page H1015]]

       (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; and
       (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).
       (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 educational 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 schools or local 
     educational agencies 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 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 for each local educational agency, school, 
     or group of students affected by the proposed waiver; and
       (iv) explain why the waiver will assist the local 
     educational agency or school in meeting such goals.
       (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; 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 meeting its educational 
     goals.
       (5) Monitoring.--
       (A) In general.--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 data.--Not later than 2 years after a State 
     is designated as an Ed-Flex Partnership State each such State 
     shall include performance data demonstrating the degree to 
     which progress has been made toward meeting the objectives 
     outlined in paragraph (3)(A)(iii).
       (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 as 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 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 paragraph (2), 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.--This Act shall apply to State 
     educational agencies described in paragraph (2) beginning on 
     the date that such extension is granted.
       (e) Accountability.--

[[Page H1016]]

       (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.