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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 453 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 453

   To establish a national demonstration program providing increased 
   flexibility for schools in order to promote improved educational 
                     achievement for all students.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1993

   Mr. DeFazio (for himself, Mr. Wyden, Mr. Kopetski, and Ms. Furse) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL

 
   To establish a national demonstration program providing increased 
   flexibility for schools in order to promote improved educational 
                     achievement for all students.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Educational Reform 
and Flexibility Act of 1993'' or ``Ed-Flex''.

SEC. 2. STATEMENT OF FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) historically, Federal education programs have addressed 
        the Nation's most pressing educational problems by providing 
        categorical assistance with detailed requirements relating to 
        the use of funds;
            (2) while the approach described in paragraph (1) has 
        proven generally successful, some program requirements may 
        inadvertently impede educational achievement;
            (3) the Nation's schools and teachers are being asked to 
        deal effectively with increasingly diverse educational needs 
        that current program structures may not be flexible enough to 
        address;
            (4) Federal mandates often limit teachers' ability to 
        respond to individual student needs; and
            (5) in order for this Nation to effectively compete in the 
        global economy, it is crucial for the Federal Government to 
        support programs that--
                    (A) result in improved educational achievement by 
                all students;
                    (B) promote the coordination of education and 
                related services that benefit and support children and 
                their families;
                    (C) enable teachers and schools to respond to the 
                needs of a diverse student population;
                    (D) provide flexibility to teachers and schools by 
                eliminating unnecessary regulation; and
                    (E) place an emphasis on program results rather 
                than on tracking resources.
    (b) Purpose.--It is the purpose of this title to establish a 
national demonstration program which--
            (1) promotes improved educational achievement for all 
        students, especially those in affected programs, through 
        education reform;
            (2) provides increased flexibility for schools and other 
        recipients in the use of Federal resources, in exchange for 
        greater accountability for achieving improved educational 
        performance;
            (3) encourages collaboration among school and program 
        administrators, teachers, parents, local agencies, community 
        groups, and business leaders to develop more effective 
        educational programs that meet the needs of all students, 
        especially the disadvantaged, and those served by the affected 
        programs.

SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED 
              SERVICES.

    (a) In General.--Subpart 1 of Part C of the General Education 
Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after 
section 421A a new section 421B to read as follows:

   ``flexibility and accountability in education and related services

    ``Sec. 421B. (a) Program Authorized.--
            ``(1) In general.--(A) The Secretary shall, in accordance 
        with this section, assist elementary and secondary schools and 
        other service providers to improve the achievement of all 
        students and other participants, but particularly disadvantaged 
        individuals, by authorizing waivers to not more than six 
        States, which have implemented comprehensive regulatory reform 
        plans, and no more than fifty local educational agencies in 
        each State.''
            ``(B)(i) In support of these projects, the Secretary is 
        authorized to waive any statutory or regulatory requirement 
        (except as provided in subsection (e) applicable to a program 
        described in clause (ii) that the Secretary determines may 
        impede the ability of a school or other service provider to 
        meet the special needs of such students and other individuals 
        in the most effective manner possible. The head of any other 
        Federal agency in accordance with the programs described in 
        clause (ii) is similarly authorized to waive such requirements 
        applicable to an elementary, secondary, or youth vocational 
        training program administered by such agency if the agency head 
        the Secretary agree that such a waiver would promote the 
        purpose of this section.
            ``(ii) The Secretary shall only waive a statutory or 
        regulatory requirement applicable to a program under--
                    ``(I) chapter 1 of title I of the Elementary and 
                Secondary Education Act of 1965;
                    ``(II) chapter 2 of the Elementary and Secondary 
                Education Act of 1965;
                    ``(III) the Dwight D. Eisenhower Mathematics and 
                Science Education Act;
                    ``(IV) the Follow Through Act;
                    ``(V) subtitle B of the title VII of the Stewart B. 
                McKinney Homeless Assistance Act; and
                    ``(VI) the Carl D. Perkins Vocational and Applied 
                Technology Education Act, except part H of title III 
                and funds allocated by States under section 232 of such 
                Act.
            ``(2) Project duration.--Projects conducted under this 
        section, and any waivers associated with such projects, shall 
        last no longer than three years, except that the Secretary may 
        extend a project and any associated waivers for an additional 
        two years if the Secretary determines that the project is 
        making substantial progress in meeting its goals.
            ``(3) Termination.--The Secretary shall terminate a project 
        and its associated waivers if the Secretary, at any time, 
        determines it is not making acceptable progress toward meeting 
        its goals. The head of any other Federal agency who has granted 
        waivers under this section shall determine whether to extend or 
        terminate those waivers, but the Secretary shall have exclusive 
        authority to extend or terminate the project.
    ``(b) Eligibility.--
            ``(1) In general.--Each project that involves elementary of 
        secondary schools shall include the participation of a local 
        educational agency and at least two schools.
            ``(2) Grade and program requirement.--To the extent 
        possible, each grade and academic program in a participating 
        school shall participate in the project.
    ``(c) Applications.--A local educational agency, wishing to conduct 
a project under this section, shall submit an application to the State 
educational agency for approval. The State educational agency shall 
then transmit approved applications to the Secretary. Each application 
shall be submitted within two years of enactment and include a plan 
that--
            ``(1) describes the purposes and overall expected outcomes 
        of the project;
            ``(2) identifies, for each school or site participating in 
        the project, those impediments to improved educational outcomes 
        that would be removed by the proposed waivers;
            ``(3) identifies the Federal programs to be included in the 
        project, the Federal statutory or regulatory requirements to be 
        waived, and the purpose and duration of the requested waivers;
            ``(4) describes the State and local requirements that will 
        be waived, the purpose of such waivers, and, if such 
        requirements will not have been waived before the project 
        begins, when those waivers will be obtained and take effect;
            ``(5) demonstrates the State has been made an effort to 
        waive substantial requirements pertaining to the local 
        educational agency;
            ``(6) describes specific, measurable, educational 
        improvement goals for each school or other site in the project 
        and for each school year of the project, including--
                    ``(A) goals for improving the achievement of all 
                participants, including disadvantaged individuals, with 
                respect to achievement in basic and advanced skills;
                    ``(B) goals that reflect the broad purposes of each 
                program for which a waiver is sought; and
                    ``(C) an explanation of how the applicant will 
                measure progress in meeting the goals set for each 
                school or site in the project for disadvantaged 
                individuals participating in the project;
            ``(7) incorporates the comments of the Governor; and
            ``(8) for projects involving elementary or secondary 
        schools--
                    ``(A) identifies the schools to be included in the 
                project and describes the student population at each 
                school, including--
                            ``(i) current data regarding the 
                        achievement of the disadvantaged students as 
                        well as other students; and
                            ``(ii) the number of students who--
                                    ``(I) are of limited English 
                                proficiency as defined in section 
                                7003(a)(1) of the Bilingual Education 
                                Act;
                                    ``(II) are children with 
                                disabilities, as defined in section 
                                602(a)(1) of the Individuals with 
                                Disabilities Education Act;
                                    ``(III) are currently or formerly 
                                migratory;
                                    ``(IV) are educationally deprived, 
                                for the purposes of chapter 1 of title 
                                I of the Elementary and Secondary 
                                Education Act of 1965; and
                                    ``(V) are eligible for a free or 
                                reduced price school lunch;
                    ``(B) describes specific goals for enhancing 
                coordination between the regular education program 
                available to all students and the programs serving 
                disadvantaged students;
                    ``(C) if fewer than all the schools in a local 
                educational agency will participate in a project, 
                describes the expected educational outcomes for 
                disadvantaged students in schools that do not 
                participate, and how those outcome will be assessed;
                    ``(D) describes how school administrators, 
                teachers, staff, and parents (including parents of 
                educationally disadvantaged children) have been or will 
                be, involved in the planning, development, and 
                implementation of the goals and program for each 
                participating school; and
                    ``(E) contains goals for students targeted by the 
                programs described in clause (ii) of section 421B(a) 
                (1)(B) which are comparable to or exceed existing goals 
                under such programs.
    ``(d) Approval of Projects.--
            ``(1) In general.--The Secretary shall approve applications 
        from no more than six States which have implemented 
        comprehensive regulatory reform, and no more than fifty local 
        educational agencies in each State, after considering--
                    ``(A) the comprehensiveness of the project, 
                including the types of students, schools, programs, and 
                activities to be included;
                    ``(B) the extent to which the provisions for which 
                waivers are sought impede educational improvement;
                    ``(C) the State and local requirements that will be 
                waived for the project;
                    ``(D) the significance and feasibility of the 
                proposed project's goals for each participating school 
                or site;
                    ``(E) the quality of the plan for ensuring 
                accountability for the proposed plan's activities and 
                goals; and
                    ``(F) the comments of the Governors.
            ``(2) Consultation.--The Secretary shall consult with the 
        heads of other appropriate Federal agencies, if any, in 
        determining whether to approve a project. Each such agency head 
        shall notify the Secretary of any waivers granted by such 
        agency head as part of such project.
            ``(3) Distribution of projects.--The Secretary shall ensure 
        that, to the extent feasible, projects assisted under this 
        section are geographically distributed, and equitably 
        distributed among urban, suburban, and rural areas, as well as 
        large and small schools.
    ``(e) Allocation of Federal Funds; Restriction on Waivers.--
            ``(1) Allocation of federal funds.--Federal funds under any 
        program that are used to support a project under this section 
        shall be allocated to local educational agencies and other 
        recipients within the local educational agency in accordance 
        with the statutory and regulatory requirements that govern the 
        operation of that program, except that, for the purpose of such 
        a project, the Secretary (or the head of any other Federal 
        agency) may extend the duration of, and provide continuation 
        funding to, a project chosen on a competitive basis that a 
        participating agency is conducting.
            ``(2) Restriction on waivers.--Neither the Secretary nor 
        the head of any other Federal agency shall waive under this 
        section any statutory or regulatory requirement in awarding a 
        grant after the date of enactment to a service provider within 
        the local educational agency or other applicant participating 
        in a project under this section.
            ``(3) Special rule.--Neither the Secretary nor, where 
        applicable, the head of any other Federal agency shall waive 
        under this section any statutory or regulatory requirement--
                    ``(A) under section 438 and 439 of the General 
                Education Provisions Act;
                    ``(B) under title VI of the Civil Rights Act of 
                1964, section 504 of the Rehabilitation Act of 1973, 
                title IX of the Education Amendments of 1972, or title 
                II of the Americans with Disabilities Act;
                    ``(C) under the Individuals with Disabilities 
                Education Act; or
                    ``(D) relating to--
                            ``(i) supplement not supplant existing 
                        funds;
                            ``(ii) maintenance of effort;
                            ``(iii) comparability; or
                            ``(iv) the equitable participation of 
                        students attending private schools.
    ``(f) Reports and Evaluations.--
            ``(1) Project reports.--Each project shall submit, not 
        later than ninety days after the end of each year of the 
        project, an annual report to the Secretary that--
                    ``(A) summarizes the principal activities of the 
                project;
                    ``(B) contains school-by-school and other data, as 
                described in the project plan, that show the extent to 
                which the project is meeting its overall goals, 
                including its goals for improving the achievement of 
                all participants, particularly disadvantaged 
                individuals, with respect to achievement in basic and 
                advanced skills, and is meeting the goals for each 
                school or other site;
                    ``(C) describes the impact of the project on 
                disadvantaged children in schools, if any, that are not 
                participating in the demonstration;
                    ``(D) describes the effectiveness of efforts to 
                coordinate programs and services for children and their 
                families as appropriate; and
                    ``(E) provides information on or comparable data 
                regarding the programs described in clause (ii) of 
                section 428B(a)(1)(B) of achievement levels of students 
                served pursuant to such programs previously 
                demonstrated over the preceding three years compared 
                with children or students served under this title.
            ``(2) Secretary's report.--The Secretary shall submit a 
        report to the Congress every two years that summarizes and 
        analyzes the project reports required by paragraph (1).
            ``(3) Evaluation reports.--At the end of the six year 
        period described in this section, and at such interim points as 
        the Secretary deems appropriate, the Secretary shall provide to 
        Congress an independent evaluation of the projects assisted 
        under this title, as well as an evaluation of the program 
        assisted under this section by the Department of Education and 
        other affected Federal agencies. Such reports may include 
        recommendations for amendments to program statutes that are 
        based on the experience of projects that successfully raise 
        educational achievement by eliminating or modifying statutory 
        or regulatory provisions that impede educational improvement.
    ``(g) Definition.--For the purpose of this section, the term 
disadvantaged students' includes students of limited english 
proficiency, children with disabilities, students who are currently or 
formerly migratory, and students who are educationally deprived.
    ``(h) Budget Neutrality.--The authority provided by this section 
shall not be exercised in a manner that, for any fiscal year, increases 
total obligations or outlays of discretionary appropriations for 
programs subject to such authority, or that increases total obligations 
or outlays of funding for all direct-spending programs subject to such 
authority over those that would have occurred absent such authority.''.
    (b) Sunset Provision.--The amendment made by subsection (a) shall 
be effective during the six year period beginning on the date of 
enactment of this Act.

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