[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Pages 4326-4327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1418]




[[Page 4325]]

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Part IV





Department of Education





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Education Flexibility Partnership Demonstration Program; Notice

  Federal Register / Vol. 60, No. 13 / Friday, January 20, 1995 / 
Notices   
[[Page 4326]] 

DEPARTMENT OF EDUCATION


Education Flexibility Partnership Demonstration Program

AGENCY: Department of Education.

ACTION: Notice inviting applications under the Education Flexibility 
Partnership Demonstration Program.

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SUMMARY: The Secretary invites applications from State educational 
agencies (SEAs) under the Education Flexibility Partnership 
Demonstration program (Ed-Flex program), which is authorized by section 
311(e) of the Goals 2000: Educate America Act (Pub. L. 103-227) (the 
Act). To help foster comprehensive education improvement in a State, 
the Secretary will grant up to six SEAs with approved Goals 2000 State 
improvement plans the authority to waive certain Federal statutory or 
regulatory requirements for the SEA, or for any local educational 
agency (LEA) or school within the State. SEAs desiring to participate 
in the Ed-Flex program must submit to the Secretary an application that 
meets the requirements of Section 311(e) of the Act.

DEADLINE FOR TRANSMITTAL OF APPLICATIONS: There is no specific deadline 
for transmittal of applications. However, because the Secretary is 
authorized to grant Ed-Flex status to only a limited number of States, 
SEAs are encouraged to submit their Ed-Flex applications as soon as 
possible. The Secretary will review applications as they are received 
in accordance with the criteria set forth in the Act.

ADDRESSES: Applications should be sent to Richard W. Riley, Secretary, 
U.S. Department of Education, Education Flexibility Partnership 
Demonstration Program, 600 Independence Avenue, S.W., Room 6300, 
Washington, D.C. 20202.

FOR FURTHER INFORMATION CONTACT: Thomas W. Fagan, U.S. Department of 
Education, 600 Independence Avenue, S.W., Portals Building, Room 4000, 
Washington, D.C. 20202-2110. Telephone: (202) 401-0039.

SUPPLEMENTARY INFORMATION: The Ed-Flex program is an educational 
flexibility demonstration program under which the Secretary may grant 
up to six SEAs the authority to waive certain Federal statutory or 
regulatory requirements applicable to one or more of the following 
programs or Acts:
    (1) Title I of the Elementary and Secondary Education Act of 1965 
(ESEA)--Helping Disadvantaged Children Meet High Standards.
    (2) Title II of the ESEA--Eisenhower Professional Development.
    (3) Title IV of the ESEA--Safe and Drug-Free Schools and 
Communities.
    (4) Title VI of the ESEA--Innovative Education Program Strategies.
    (5) Part C of Title VII of the ESEA--Emergency Immigrant Education.
    (6) the Carl D. Perkins Vocational and Applied Technology Education 
Act.1

    \1\The recently enacted Improving America's Schools Act of 1994 
(P.L. 103-382) contains conforming amendments that were intended to 
replace the program references in the Goals 2000 legislation with 
the appropriate references in the reauthorized ESEA. However, in a 
technical drafting error, certain provisions of the ESEA bill were 
reorganized after the conforming amendments were drafted, without 
corresponding changes to the conforming amendments. The references 
above refer to the programs for which Congress intended waivers to 
be authorized.
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    The waiver authority is intended to assist SEAs and affected LEAs 
and schools in implementing State and local school improvement plans 
designed to help all children reach challenging academic standards.
    To be eligible to apply under the Ed-Flex program, an SEA must 
serve an ``eligible State.'' Section 311(e)(3) of the Act defines an 
``eligible State'' as one that: (1) Has developed a State improvement 
plan under Goals 2000 that is approved by the Secretary; and (2) waives 
State statutory or regulatory requirements relating to education, while 
holding LEAs or schools within the State that are affected by the 
waivers accountable for the performance of their students.
    The Secretary will select for participation in the Ed-Flex program 
three States with a population of 3,500,000 or greater, and three 
States with a population of less than 3,500,000, as determined by the 
1990 decennial census. For the purpose of this program, section 
3(a)(14) of the Act defines ``State'' to include the 50 States, the 
District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin 
Islands, the Commonwealth of the Northern Marianas Islands, the 
Republic of the Marshall Islands, and the Federated States of 
Micronesia.

Application Requirements and Criteria

I. When May an SEA Submit Its Ed-Flex Application?

    An SEA serving an ``eligible State'' may submit its application at 
any time. The Secretary is prepared to review Ed-Flex applications as 
soon as they are received and to grant Ed-Flex waiver authority to an 
SEA whose application demonstrates a substantial promise of assisting 
the SEA and affected LEAs and schools in the State in carrying out 
comprehensive education reform and otherwise meeting the purposes of 
the Goals 2000: Educate America Act. An SEA that serves an ``eligible 
State'' and desires to participate in the program is encouraged to 
submit its Ed-Flex application as soon as possible because only six 
applicants may receive the Secretary's delegated waiver authority.

II. What Information Should Be Included in an SEA's Ed-Flex 
Application?

    To be considered for participation in the Ed-Flex program, an SEA 
must serve an ``eligible State'' and submit to the Secretary an 
application demonstrating that the State has adopted an educational 
flexibility (Ed-Flex) plan that meets the requirements of section 
311(e)(4) of the Act. Specifically, the Ed-Flex plan must: (1) Describe 
the process the SEA will use to evaluate applications from LEAs or 
schools requesting waivers of Federal statutory or regulatory 
requirements for covered programs, as well as State statutory or 
regulatory requirements relating to education; and (2) describe in 
detail the State statutory and regulatory requirements relating to 
education that the SEA will waive. An applicant must have the legal 
authority to grant waivers of the State requirements that it proposes 
to waive and agree to grant these waivers when it is appropriate to do 
so.
    The Ed-Flex waiver authority is designed to facilitate a State's 
systemic reform efforts by giving the SEA the authority to waive 
certain Federal requirements that impede the ability of the SEA, or any 
LEA or school within the State, from carrying out State or local 
improvement plans developed under Title III of Goals 2000. Therefore, 
the Ed-Flex plan should be integrated with the State's improvement plan 
under Goals 2000. When developing its Ed-Flex plan, an SEA is 
encouraged to consult with the State panel that developed the State's 
Goals 2000 State improvement plan. An SEA that obtains approval of a 
pre-existing plan under section 306(q) of the Act is encouraged to 
consult with those responsible for developing the pre-existing plan.

III. What Criteria Will Be Used by the Secretary To Evaluate Ed-Flex 
Applications?

    In accordance with section 311(e)(4)(B) of the Act, the Secretary 
will approve an Ed-Flex application only if he determines that the 
application demonstrates substantial promise of assisting the SEA and 
affected LEAs and schools within the State in carrying out 
comprehensive reform and meeting the purposes of the Act. Section 
311(e)(4)(B) also provides that the Secretary will consider the 
[[Page 4327]] following criteria in evaluating Ed-Flex partnership 
applications: (1) The comprehensiveness and quality of the State's Ed-
Flex plan; (2) the ability of the plan to ensure accountability for the 
activities and goals described in the plan; (3) the significance of the 
State statutory or regulatory requirements relating to education that 
the State will waive; and (4) the quality of the SEA's process for 
approving applications for waivers of the covered Federal statutory or 
regulatory requirements and for monitoring and evaluating the results 
of the waivers. As stated previously, to be eligible to apply, an SEA 
must serve an ``eligible State''--that is, a State that (1) has 
developed a State improvement plan under Goals 2000 that is approved by 
the Secretary; and (2) waives State statutory or regulatory 
requirements relating to education, while holding LEAs or schools 
within the State that are affected by the waivers accountable for the 
performance of their students.
    In preparing applications that address these statutory criteria, 
SEAs are encouraged to examine carefully the following questions:
     Did the SEA conduct effective public hearings or provide 
other means for broad-based public involvement in the development of 
the Ed-Flex plan? How has the SEA involved LEAs, schools, parents, 
community groups, and advocacy and civil rights groups in the 
development of the plan? Is there widespread commitment within the 
State for the Ed-Flex plan?
     To what extent would the Ed-Flex plan enhance the State's 
ability to carry out its Goals 2000 State improvement plan? How would 
waivers under the Ed-Flex plan reduce or eliminate barriers to the 
reform of teaching and learning and assist all children in reaching 
challenging academic standards? Has the State demonstrated that it 
would extend to LEAs and schools, to the greatest extent possible, the 
flexibility provided under the Ed-Flex program to help foster local 
systemic reform efforts?
     What is the likelihood that the SEA's process for granting 
waivers of Federal requirements to LEAs and schools will assist them in 
reaching specific, measurable educational goals?
     What State statutory and regulatory requirements relating 
to education would be waived, and why? What is the relationship between 
the State and Federal requirements for which the SEA might grant 
waivers?
     How would the implementation of the Ed-Flex plan 
facilitate bottom-up reform in LEAs and schools? What LEAs, schools, 
and student populations would be affected by the Ed-Flex plan? If some 
LEAs or schools would not be covered by the Ed-Flex plan, why not? What 
role would an LEA have in the waiver process if an individual school 
requests a waiver for the SEA?
     How would the SEA provide LEAs, parent organizations, 
advocacy or civil rights groups, and other interested parties in the 
State with notice and an opportunity to comment on proposed waivers of 
Federal requirements?
     How would the SEA's processes for monitoring LEAs and 
schools that have been granted waivers under the Ed-Flex authority and 
for evaluating the results of these waivers ensure that the LEAs and 
schools will be held accountable for the performance of all students 
affected by the waivers?
     To what extent do the timelines and benchmarks for 
implementing the Ed-Flex plan, monitoring LEAs and schools that have 
been granted waivers, and evaluating the results of the waivers granted 
provide a reasonable basis for measuring the progress of the SEA in 
achieving the goals of the Ed-Flex plan?
    An SEA is not required to answer specifically each of these 
questions in its application. Rather, the questions have been provided 
as guidance to assist SEAs in the preparation of Ed-Flex applications 
that address the statutory criteria. The Secretary encourages SEAs to 
consider these issues or any other factors that may demonstrate that 
the conditions of section 311(e) of the Act have been met. There is not 
a particular application form that must be completed for this program.

IV. What Federal Statutory and Regulatory Requirements May an Ed-
Flex Partnership State Waive?

    Section 311(e)(2)(A) of the Act provides that an Ed-Flex 
Partnership State may waive certain statutory and regulatory 
requirements applicable to the following programs or Acts:
    (1) Title I of the Elementary and Secondary Education Act of 1965 
(ESEA)--Helping Disadvantaged Children Meet High Standards.
    (2) Title II of the ESEA--Eisenhower Professional Development.
    (3) Title IV of the ESEA--Safe and Drug-Free Schools and 
Communities.
    (4) Title VI of the ESEA--Innovative Education Program Strategies.
    (5) Part C of Title VII of the ESEA--Emergency Immigrant Education.
    (6) the Carl D. Perkins Vocational and Applied Technology Education 
Act.
    The Ed-Flex Partnership State will not be authorized to waive any 
Federal statutory or regulatory requirement of the above-referenced 
programs or Acts relating to: (1) Maintenance of effort; (2) 
comparability of services; (3) the equitable participation of students 
and professional staff in private schools; (4) parental participation 
and involvement; and (5) the distribution of funds to States or to 
local educational agencies. In addition, Ed-Flex States will not be 
permitted to waive Federal civil rights requirements or Federal health 
and safety requirements.

V. What is the Duration of the Ed-Flex Waiver Authority?

    The Secretary will approve an SEA's Ed-Flex waiver authority for up 
to five years. The period may be extended if the SEA's authority to 
grant waivers has been effective in enabling the State or affected LEAs 
or schools to carry out their reform plans. In addition, the Secretary 
may terminate the waiver authority at any time if he determines, after 
notice and opportunity for hearing, that an SEA's performance has been 
inadequate to justify the continuation of the waiver authority.

Paperwork Reduction Act of 1980

    This notice involves information collection requirements. As 
required by the Paperwork Reduction Act of 1980, the Department of 
Education will submit a copy of the application requirements and 
selection criteria to the Office of Management and Budget (OMB) for its 
review. (44 U.S.C. 3504(h)).
    SEAs are eligible to apply for the waiver authority under this 
program. The Department needs and uses the information in determining 
which States will be designated as Ed-Flex Partnership States under 
this program. The public reporting burden for this collection of 
information is estimated to average 80 hours per response for 
approximately 50 respondents, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 10325, New Executive 
Office Building, Washington, D.C. 20503; Attention: Daniel J. Chenok.

    Dated: January 13, 1995.
Richard W. Riley,
Secretary of Education.
[FR Doc. 95-1418 Filed 1-19-95; 8:45 am]
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