Home > 106th Congressional Bills > H.R. 800 (eh) To provide for education flexibility partnerships. [Engrossed in House] ...H.R. 800 (eh) To provide for education flexibility partnerships. [Engrossed in House] ...
In the Senate of the United States,
March 11, 1999.
Resolved, That the bill from the House of Representatives (H.R.
800) entitled ``An Act to provide for education flexibility
partnerships.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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
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;
(iv) a description of how the State
educational agency will meet the requirements
of paragraph (8); and
(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.
(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, and educational goals 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) 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
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), and has improved student
performance.
(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
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