Education Flexibility Amendments of 1998

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education Flexibility Amendments of 
1998''.

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 the waiver authority under such Act 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. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP 
              DEMONSTRATION ACT.

    (a) In General.--Section 311(e) of the Goals 2000: Educate America 
Act (20 U.S.C. 5891(e)) is amended--
            (1) in paragraph (2)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In general.--The Secretary may carry out an 
                education flexibility demonstration 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) or 1 or 
                more programs described in subpart 2 of part A of title 
                III of the Elementary and Secondary Education Act of 
                1965 (except section 3136 of such Act), other than 
                requirements described in subsection (c) of this Act 
                and section 14401(c) of the Elementary and Secondary 
                Education Act of 1965, for the State educational agency 
                or any local educational agency or school within the 
                State.'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B); and
            (2) in paragraph (3), by amending subparagraph (A) to read 
        as follows:
                    ``(A)(i) has--
                            ``(I) developed a State improvement plan 
                        under section 306;
                            ``(II) 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
                            ``(III) 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 the educational goals described 
                in the local applications submitted under paragraph 
                (5), and for taking corrective actions, consistent with 
                section 1116 of the Elementary and Secondary Education 
                Act of 1965, for the local educational agencies that do 
                not meet the goals; and''.
    (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: 
Educate America Act (20 U.S.C. 5891(e)) is amended further by adding at 
the end the following:
            ``(8) Authority to issue waivers.--Notwithstanding any 
        other provision of law, the Secretary is authorized to carry 
        out the education flexibility demonstration program under this 
        subsection for each of the fiscal years 1999 through 2003.''.
    (c) Accountability.--Section 311(f) of the Goals 2000: Educate 
America Act (20 U.S.C. 5891(f)) is amended by adding at the end the 
following: ``In the case of deciding whether to extend a State 
educational agency's authority to issue waivers under subsection (e), 
the Secretary also shall review the progress of the State educational 
agency to determine if such agency--
            ``(1) has established procedures for increasing the 
        percentage of elementary school and secondary school teachers 
        in the State who have demonstrated, by traditional or 
        alternative routes, the subject matter knowledge and 
        pedagogical skill necessary to provide effective instruction in 
        the content area or areas in which the teachers provide 
        instruction; and
            ``(2) has decreased the percentage of elementary school and 
        secondary school teachers teaching in high poverty elementary 
        schools and secondary schools who do not demonstrate such 
        knowledge and skills.''.
    (d) Transition Rules.--
            (1) Construction.--Nothing in this Act or the amendments 
        made by this Act shall be construed to affect the authority of 
        a State educational agency that has been granted waiver 
        authority under the following provisions of law:
                    (A) Section 311(e) of the Goals 2000: Educate 
                America Act as such section was in effect on the day 
                before the date of enactment of this 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).
            (2) Eligibility.--A State educational agency that has been 
        granted waiver authority under a provision of law described in 
        subparagraph (A) or (B) of paragraph (1) prior to the date of 
        enactment of this Act shall be eligible to apply for waiver 
        authority under section 311(e) of the Goals 2000: Educate 
        America Act as such section is in effect on the date of 
        enactment of this Act.

Summary: Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I. And (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas. And (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.