[Congressional Record Volume 152, Number 25 (Thursday, March 2, 2006)]
[Senate]
[Page S1662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    EXTENDING THE EDUCATIONAL FLEXIBILITY PROGRAM OF THE EDUCATION 
                  FLEXIBILITY PARTNERSHIP ACT OF 1999

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2363, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2363) to extend the educational flexibility 
     program under section 4 of the Education Flexibility 
     Partnership Act of 1999.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I rise today to express my strong support 
for the extension we are passing tonight of the Education Flexibility 
Partnership Act.
  I authored the original legislation to create Ed-Flex, as it is more 
commonly known, back in 1999 after learning through my chairmanship of 
the Senate Budget Committee Task Force on Education about the excessive 
red tape attached to Federal education funding.
  I listened to school administrators and education leaders who told me 
again and again about the bureaucratic challenges they faced when 
trying to improve education.
  After seeing how a demonstration project involving 12 States achieved 
such impressive results in improving student performance, I wrote 
legislation to expand the program to all 50 States.
  The Ed-Flex program gives greater flexibility to States in using 
Federal funds in exchange for greater accountability for student 
achievement.
  The program does not change the amount of funding available--but it 
eliminates some of the strings attached. Schools must still use the 
Federal funds for the purposes for which they were designed, and 
health, safety, civil rights, and disabled requirements cannot be 
waived.
  Ed-Flex was an early attempt at education reform aimed at improving 
student achievement, and paved the way for the No Child Left Behind Act 
just 2 years later.
  It allows educators to find new ways of improving the quality of 
education for every child, and it set the stage for acknowledging the 
connection between flexibility and accountability in improving student 
performance.
  Ed-Flex encourages innovation within America's schools and allows our 
students the opportunity to succeed academically and globally.
  I thank Senator Burr for his leadership on this extension of Ed-Flex, 
and for the support of my colleagues on both sides of the aisle for 
their recognition of this important tool for America's students.
  Mr. President, I ask unanimous consent that the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2363) was read the third time and passed, as follows:

                                S. 2363

       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.

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