```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 800 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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 
        authority or waiver in a widely read or distributed medium, 
        shall provide the opportunity for parents, educators, and all 
        other interested members of the community to comment regarding 
        the proposed waiver authority or waiver, shall provide that 
        opportunity in accordance with any applicable State law 
        specifying how the comments may be received, and 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 under the 
following programs or Acts:
            (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 any statutory or regulatory 
requirement of the programs or Acts authorized to be waived under 
subsection (a)(1)(A)--
            (1) relating to--
                    (A) maintenance of effort;
                    (B) comparability of services;
                    (C) the equitable participation of students and 
                professional staff in private schools;
                    (D) parental participation and involvement;
                    (E) the 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) use of Federal funds to supplement, not 
                supplant, non-Federal funds; and
                    (H) applicable civil rights requirements; and
            (2) unless the underlying purposes of the statutory 
        requirements of each program or Act for which a waiver is 
        granted continue to be met to the satisfaction of the 
        Secretary.
    (d) Continuing Eligibility.--
            (1) In general.--Each State educational agency that is 
        granted waiver authority under the provisions of law described 
        in paragraph (2) shall be eligible to continue the waiver 
        authority under the terms and conditions of the provisions of 
        law as the provisions of law are in effect on the date of 
        enactment of this Act.
            (2) Provisions of law.--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).
    (e) Accountability.--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 education 
agency, local educational agency, or school affected by such waiver or 
authority to determine if such agency or school has made progress 
toward achieving the desired results and goals described in the 
application submitted pursuant to clauses (ii) and (iii) of subsection 
(a)(4)(A), respectively.
    (f) Publication.--A notice 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, advocacy and civil rights 
organizations, other interested parties, and the public.

SEC. 5. PROGRESS REPORTS.

    The Secretary, not later than 1 year after the date of enactment of 
this Act and biennially thereafter, shall submit to Congress a report 
that describes--
            (1) the Federal statutory and regulatory requirements for 
        which waiver authority is granted to State educational agencies 
        under this Act;
            (2) the State statutory and regulatory requirements that 
        are waived by State educational agencies under this Act;
            (3) the effect of the waivers upon implementation of State 
        and local educational reforms; and
            (4) the performance of students affected by the waivers.

SEC. 6. FLEXIBILITY TO DESIGN CLASS SIZE REDUCTION PROGRAMS.

    (a) Findings.--Congress finds that if part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 et seq.) were fully 
funded, local educational agencies and schools would have the 
flexibility in their budgets to design class size reduction programs, 
or any other programs deemed appropriate by the local educational 
agencies and schools that best address their unique community needs and 
improve student performance.
    (b) Amendment.--Section 307 of the Department of Education 
Appropriations Act, 1999, is amended by adding after subsection (g) the 
following:
    ``(h) Notwithstanding subsections (b)(2), and (c) through (g), a 
local educational agency may use funds received under this section to 
carry out activities under part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
requirements of such part.''.

SEC. 7. FLEXIBILITY TO DEVELOP DROPOUT PREVENTION PROGRAMS.

    (a) Findings.--Congress finds that if part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 et seq.) were fully 
funded, local educational agencies and schools would have the 
flexibility in their budgets to develop dropout prevention programs, or 
any other programs deemed appropriate by the local educational agencies 
and schools, that best address their unique community needs and improve 
student performance.
    (b) Amendment.--Section 307 of the Department of Education 
Appropriations Act, 1999, is amended by adding after subsection (g) the 
following:
    ``(h) Notwithstanding subsections (b)(2), and (c) through (g), a 
local educational agency may use funds received under this section to 
carry out activities under part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
requirements of such part.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    In addition to other funds authorized to be appropriated to carry 
out part B of the Individuals with Disabilities Education Act (20 
U.S.C. 1411 et seq.), there are authorized to be appropriated 
$150,000,000 to carry out such part.

SEC. 9. FLEXIBILITY TO DEVELOP AFTERSCHOOL PROGRAMS.

    (a) Findings.--Congress finds that if part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 et seq.) were fully 
funded, local educational agencies and schools would have the 
flexibility in their budgets to develop afterschool programs, or any 
other programs deemed appropriate by the local educational agencies and 
schools, that best address their unique community needs and improve 
student performance.
    (b) Amendment.--Section 307 of the Department of Education 
Appropriations Act, 1999, is amended by adding after subsection (g) the 
following:
    ``(h) Notwithstanding subsections (b)(2), and (c) through (g), a 
local educational agency may use funds received under this section to 
carry out activities under part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
requirements of such part.''.

SEC. 10. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    In addition to other funds authorized to be appropriated to carry 
out part B of the Individuals with Disabilities Education Act (20 
U.S.C. 1411 et seq.), there are authorized to be appropriated 
$600,000,000 to carry out such part.

SEC. 11. FLEXIBILITY TO DEVELOP PROGRAMS TO REDUCE SOCIAL PROMOTION AND 
              ESTABLISH SCHOOL ACCOUNTABILITY PROCEDURES.

    (a) Findings.--Congress finds that if part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 et seq.) were fully 
funded, local educational agencies and schools would have the 
flexibility in their budgets to develop programs to reduce social 
promotion, establish school accountability procedures, or any other 
programs deemed appropriate by the local educational agencies and 
schools, that best address their unique community needs and improve 
student performance.
    (b) Amendment.--Section 307 of the Department of Education 
Appropriations Act, 1999, is amended by adding after subsection (g) the 
following:
    ``(h) Notwithstanding subsections (b)(2), and (c) through (g), a 
local educational agency may use funds received under this section to 
carry out activities under part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
requirements of such part.''.

SEC. 12. 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 made by subsection (a) shall apply 
to conduct occurring not earlier than the date of enactment of this 
Act.

SEC. 13. FURTHER AUTHORIZATION OF APPROPRIATIONS.

    In addition to other funds authorized to be appropriated to carry 
out part B of the Individuals with Disabilities Education Act (20 
U.S.C. 1411 et seq.), there are authorized to be appropriated 
$500,000,000 to carry out such part.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 800

_______________________________________________________________________

                               AMENDMENT
```