[106th Congress Public Law 25]
[From the U.S. Government Printing Office]
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[DOCID: f:publ025.106]
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Public Law 106-25
106th Congress
An Act
To provide for education <<NOTE: Apr. 29, 1999 - [H.R. 800]>>
flexibility partnerships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Education Flexibility
Partnership Act of 1999. Inter- governmental relations.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 20 USC 5801 note.>>
This Act may be cited as the ``Education Flexibility Partnership Act
of 1999''.
SEC. 2. FINDINGS. <<NOTE: 20 USC 5891b note.>>
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 one
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 educational agencies 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 mathematics and science
performance under title II of the Elementary and
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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. <<NOTE: 20 USC 5891a.>>
In this Act:
(1) Local educational agency; state educational agency;
outlying area.--The terms ``local educational agency'', ``State
educational agency'', and ``outlying area'' have the meanings
given the terms in section 14101 of the Elementary and Secondary
Education Act of 1965.
(2) Eligible school attendance area; school attendance
area.--The terms ``eligible school attendance area'' and
``school attendance area'' have the meanings given the terms in
section 1113(a)(2) of the Elementary and Secondary Education Act
of 1965.
(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. <<NOTE: 20 USC 5891b.>>
(a) Educational Flexibility Program.--
(1) Program authorized.--
(A) In general.--The Secretary may carry out an
educational flexibility program under which the
Secretary authorizes a State educational agency that
serves an eligible State to waive statutory or
regulatory requirements applicable to one or more
programs 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 section the
term ``eligible State'' means a State that--
(A) 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)(3) of such
Act; or
(ii)(I) developed and implemented the content
standards described in clause (i);
(II) developed and implemented interim
assessments; and
(III) made substantial progress (as determined
by the Secretary) toward developing and
implementing the performance standards and final
aligned assessments described in clause (i), and
toward having local
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educational agencies in the State produce the
profiles described in clause (i);
(B) holds local educational agencies and schools
accountable for meeting the educational goals described
in the local applications submitted under paragraph (4)
and for engaging in 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)(2) of such Act; and
(C) 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 educational 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 clear educational
objectives the State intends to meet under the
educational flexibility plan;
(iv) 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;
(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; and
(vi) 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)
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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 the educational
flexibility plan to ensure accountability for the
activities and goals described in such plan;
(iv) the degree to which the State's
objectives described in subparagraph (A)(iii)--
(I) are clear and have the ability
to be assessed; and
(II) take into account the
performance of local educational
agencies or schools, and students,
particularly those affected by waivers;
(v) the significance of the State statutory or
regulatory requirements relating to education that
will be waived; and
(vi) 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
each 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 or school affected by the
proposed waiver, and for the students served by
the local educational agency or school who are
affected by the 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
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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;
(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; and
(iii) the State educational agency is
satisfied that the underlying purposes of the
statutory requirements of each program for which a
waiver is granted will continue to be met.
(D) Termination.--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) in accordance with the evaluation requirement
described in paragraph (3)(A)(v), and shall terminate
any waiver granted to the local educational agency or
school if the State educational agency determines, after
notice and an opportunity for a hearing, that the local
educational agency or school's performance with respect
to meeting the accountability requirement described in
paragraph (2)(C) and the goals described in paragraph
(4)(A)(iii)--
(i) has been inadequate to justify
continuation of such waiver; or
(ii) has decreased for two consecutive years,
unless the State educational agency determines
that the decrease in performance was justified due
to exceptional or uncontrollable circumstances.
(5) Oversight and reporting.--
(A) Oversight.--Each State educational agency
participating in the educational flexibility program
under this section shall annually monitor the activities
of local educational agencies and schools receiving
waivers under this section.
(B) State reports.--
(i) Annual reports.--The State educational
agency shall submit to the Secretary an annual
report on the results of such oversight and the
impact of the waivers on school and student
performance.
(ii) Performance data.--Not later than 2 years
after the date a State is designated an Ed-Flex
Partnership State, each such State shall include,
as part of the State's annual report submitted
under clause (i), data demonstrating the degree to
which progress has been made toward meeting the
State's educational objectives. The data, when
applicable, shall include--
(I) information on the total number
of waivers granted for Federal and State
statutory and regulatory requirements
under this section, including
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the number of waivers granted for each
type of waiver;
(II) information describing the
effect of the waivers on the
implementation of State and local
educational reforms pertaining to school
and student performance;
(III) information describing the
relationship of the waivers to the
performance of schools and students
affected by the waivers; and
(IV) an assurance from State program
managers that the data reported under
this section are reliable, complete, and
accurate, as defined by the State, or a
description of a plan for improving the
reliability, completeness, and accuracy
of such data as defined by the State.
(C) Secretary's reports.--The Secretary, not later
than 2 years after the date of the enactment of this Act
and annually thereafter, shall--
(i) <<NOTE: Public information.>> make each
State report submitted under subparagraph (B)
available to Congress and the public; and
(ii) submit to Congress a report that
summarizes the State reports and describes the
effects that the educational flexibility program
under this section had on the implementation of
State and local educational reforms and on the
performance of students affected by the waivers.
(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--
(i) has been effective in enabling such State
or affected local educational agencies or schools
to carry out their State or local reform plans and
to continue to meet the accountability requirement
described in paragraph (2)(C); and
(ii) has improved student performance.
(B) Performance review.--Three years after the date
a State is designated an Ed-Flex Partnership State, the
Secretary shall review the performance of the State
educational agency in 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 an opportunity for a
hearing, that such agency's performance (including
performance with respect to meeting the objectives
described in paragraph (3)(A)(iii)) has been inadequate
to justify continuation of such authority.
(C) Renewal.--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 the State educational agency--
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(i) has made progress toward achieving the
objectives described in the application submitted
pursuant to paragraph (3)(A)(iii); and
(ii) demonstrates in the request that local
educational agencies or schools affected by the
waiver authority or waivers have made progress
toward achieving the desired results described in
the application submitted pursuant to paragraph
(4)(A)(iii).
(7) Authority to issue waivers.--Notwithstanding any other
provision of law, the Secretary is authorized to carry out the
educational flexibility program under this section for each of
the fiscal years 1999 through 2004.
(8) Public notice and comment.--Each State educational
agency seeking waiver authority under this section and each
local educational agency seeking a waiver under this section--
(A) shall provide the public with 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, including a
description of any improved student performance that is
expected to result from the waiver authority or waiver;
(B) shall provide the opportunity for parents,
educators, and all other interested members of the
community to comment regarding the proposed waiver
authority or waiver;
(C) shall provide the opportunity described in
subparagraph (B) in accordance with any applicable State
law specifying how the comments may be received, and how
the comments may be reviewed by any member of the
public; and
(D) shall submit the comments received with the
agency's application to the Secretary or the State
educational agency, as appropriate.
(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements for
programs carried out under the following provisions:
(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 under subsection (a)(1)(A) any statutory or
regulatory requirement--
(1) relating to--
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(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to local
educational agencies;
(F) serving eligible school attendance areas in rank
order under section 1113(a)(3) of the Elementary and
Secondary Education Act of 1965;
(G) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113 of
the Elementary and Secondary Education Act of 1965,
except that a State educational agency may grant a
waiver to allow a school attendance area or school to
participate in activities under part A of title I of
such Act if the percentage of children from low-income
families in the school attendance area of such school or
who attend such school is not less than 10 percentage
points below the lowest percentage of such children for
any school attendance area or school of the local
educational agency that meets the requirements of such
subsections (a) and (b);
(H) use of Federal funds to supplement, not
supplant, non-Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory
requirements of the program for which a waiver is granted
continue to be met to the satisfaction of the Secretary.
(d) Treatment of Existing Ed-Flex Partnership States.--
(1) In general.--Except as provided in paragraphs (3) and
(4), this section shall not apply to a State educational agency
that has been granted waiver authority under the provisions of
law described in paragraph (2) for the duration of the waiver
authority.
(2) Applicable provisions.--The provisions of law referred
to in paragraph (1) are as follows:
(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).
(3) Special rule.--If a State educational agency granted
waiver authority pursuant to the provisions of law described in
subparagraph (A) or (B) of paragraph (2) applies to the
Secretary for waiver authority under this section--
(A) the Secretary shall review the progress of the
State educational agency in achieving the objectives set
forth in the application submitted pursuant to section
311(e) of the Goals 2000: Educate America Act; and
(B) the Secretary shall administer the waiver
authority granted under this section in accordance with
the requirements of this section.
(4) Technology.--In the case of a State educational agency
granted waiver authority under the provisions of law described
in subparagraph (A) or (B) of paragraph (2), the Secretary shall
permit a State educational agency to expand, on or after
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the date of the enactment of this Act, the waiver authority to
include programs under subpart 2 of part A of title III of the
Elementary and Secondary Education Act of 1965 (other than
section 3136 of such Act).
(e) Publication.--A notice <<NOTE: Federal Register,
publication. Public information.>> 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, and advocacy and civil
rights organizations), and the public.
SEC. 5. FLEXIBILITY TO DESIGN CLASS SIZE REDUCTION PROGRAMS.
Section 307 of the Department of Education Appropriations Act,
1999, <<NOTE: 112 Stat. 2681-375.>> is amended--
(1) in subsection (b)(2), by inserting ``(except as provided
in subsection (c)(2)(D))'' before the period; and
(2) in subsection (c)(2), by adding at the end the
following:
``(D) If a local educational agency has already reduced
class size in the early grades to 18 or fewer children and
intends to use funds provided under this section to carry out
professional development activities, including activities to
improve teacher quality, then the State shall make the award
under subsection (b) to the local educational agency without
requiring the formation of a consortium.''.
SEC. 6. ALTERNATIVE EDUCATIONAL SETTING.
(a) In General.--Section 615(k)(1)(A)(ii)(I) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)(I)) is amended
to read as follows:
``(I) the child carries or possesses
a weapon to or at school, on school
premises, or to or at a school function
under the jurisdiction of a State or a
local educational agency; or''.
(b) Application.--The amendment <<NOTE: 20 USC 1415 note.>> made by
subsection (a) shall apply to conduct occurring not earlier than the
date of the enactment of this Act.
Approved April 29, 1999.
LEGISLATIVE HISTORY--H.R. 800 (S. 271) (S. 280):
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HOUSE REPORTS: Nos. 106-43 (Comm. on Education and the Workforce) and
106-100 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Mar. 10, considered in House.
Mar. 11, considered and passed House; passed Senate,
amended, in lieu of
S. 280.
Apr. 21, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Apr. 29, Presidential remarks.
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