Home > 106th Congressional Bills > H.R. 800 (enr) To provide for education flexibility partnerships. [Enrolled bill] ...H.R. 800 (enr) To provide for education flexibility partnerships. [Enrolled bill] ...
106th CONGRESS
1st Session
H. R. 800
_______________________________________________________________________
AN ACT
To provide for education flexibility partnerships.
106th CONGRESS
1st Session
H. R. 800
_______________________________________________________________________
AN ACT
To provide for education flexibility partnerships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 education reforms
and raising the achievement levels of all children.
(4) State educational agencies are closer to local school
systems, implement statewide education 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.
(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;
(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); and
(v) an assurance that, not less than 30
days prior to waiving any Federal statutory or
regulatory requirement, or in accordance with
State law, the State educational agency shall
give public notice in widely-read publications,
such as large circulation newspapers and
community newspapers, of its intent to grant
such a waiver, a description of the Federal
statutory or regulatory requirements that the
State educational agency proposes to waive, any
improved performance of students that is
expected to result from the waiver, and the
State official--
(I) to whom comments on the
proposed waiver may be sent by
interested individuals and
organizations; and
(II) who will make all the comments
received available for review by any
member of the public.
(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 education 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
local educational agencies or schools
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 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 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, and
group of students affected by the proposed
waiver;
(iv) explain why the waiver will assist the
local educational agency or school in meeting
such goals; and
(v) provide an assurance that, not less
than 30 days prior to submitting the
application to the State educational agency for
a waiver under this section, or in accordance
with State law, the local educational agency or
school shall give public notice in widely-read
publications, such as large circulation
newspapers and community newspapers, of its
intent to request the waiver, a description of
the Federal statutory or regulatory
requirements that will be waived, any improved
performance of students that is expected to
result from the waiver, and the name and
address of the local educational agency
official--
(I) to whom comments on the
proposed waiver may be sent by
interested individuals and
organizations; and
(II) who will make all the comments
received available for review by any
member of the public.
(B) Evaluation of applications.--A State
educational agency shall evaluate an application
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