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Pub.L. 106-026 To authorize the President to award a gold medal on behalf of the Congress to Rosa Parks in recognition of her contributions to the Nation. <> ...
[[Page 113 STAT. 41]]
Public Law 106-25
To provide for education <<NOTE: Apr. 29, 1999 - [H.R. 800]>>
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
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
(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
(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
[[Page 113 STAT. 42]]
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
(3) Secretary.--The term ``Secretary'' means the Secretary
(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--
(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
(ii)(I) developed and implemented the content
standards described in clause (i);
(II) developed and implemented interim
(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
[[Page 113 STAT. 43]]
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
(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
(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
(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
(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
(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
(B) Approval and considerations.--The Secretary may
approve an application described in subparagraph (A)
[[Page 113 STAT. 44]]
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
(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
(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
(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
(B) Evaluation of applications.--A State
educational agency shall evaluate an application
[[Page 113 STAT. 45]]
under subparagraph (A) in accordance with the State's
educational flexibility plan described in paragraph
(C) Approval.--A State educational agency shall not
approve an application for a waiver under this paragraph
(i) the local educational agency or school
requesting such waiver has developed a local
reform plan that is applicable to such agency or
(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
(i) has been inadequate to justify
continuation of such waiver; or
(ii) has decreased for two consecutive years,
unless the State educational agency determines
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