I

103D CONGRESS

1ST SESSION H. R. 1452

To allow States, local educational agencies, and schools the flexibility to

use and combine Federal, State, and local funds to improve the educational achievement of all elementary and secondary school students.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1993

Mr. GOODLING (for himself and Mr. DEFAZIO) introduced the following bill;

which was referred to the Committee on Education and Labor

A BILL

To allow States, local educational agencies, and schools the

flexibility to use and combine Federal, State, and local

funds to improve the educational achievement of all elementary and secondary school students.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Freedom to Improve

5 Educational Achievement Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the ability of the United States to declare

2 more effective educational services to its citizens, es3 pecially disadvantaged citizens and traditionally un4 derserved citizens, is of primary importance to the

5 national security and to the continued role of the

6 United States as a world leader;

7 (2) the ability of local school authorities to ef8 fectively administer and improve the public schools

9 under their leadership is impeded by the paperwork

10 burden and regulatory limitations imposed by nu11 merous education programs administered by the

12 Federal Government and by the States;

13 (3) because American society and student needs

14 are changing quickly, schools and schooling must be

15 flexible and innovative in order to sustain relevance

16 and vitality in an increasingly challenging world;

17 (4) educational funding flexibility at the State

18 and local level has proven to be effective means to19 ward educational reform in States nationwide, and

20 this flexibility should be expanded to cover Federal

21 requirements that may impede educational achieve22 ment; and

23 (5) real and fundamental change in the struc24 ture of schools and education will emerge from

25 school reform initiatives and such change should be
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1 based on professional knowledge and a solid founda2 tion of research.

3 SEC. 3. PURPOSE.

4 The purpose of this Act is to allow States, local edu5 cational agencies, and schools the flexibility to use and

6 combine Federal, State, and local funds to improve the

7 educational achievement of all elementary and secondary

8 school students, including students with disabilities, stu9 dents who are disadvantaged, and students who are lim10 ited English proficient, and to help schools and students

11 meet the National Education Goals by waiving certain

12 statutory and regulatory requirements (not including the

13 appropriate protections with respect to civil rights, dis14 crimination, and safety).

15 SEC. 4. PROGRAM AUTHORIZED.

16 (a) EDUCATION PROGRAMS.—The Secretary of Edu17 cation is authorized to waive certain Federal statutory and

18 regulatory requirements (except as provided in section 6)

19 for States, local educational agencies, and schools that can

20 demonstrate that such waivers are part of efforts to

21 achieve education reform and meet the National Edu22 cation Goals for all students, where such waivers are part

23 of a State or local systemic reform plan, and where such

24 States and local educational agencies have implemented

25 similar waiver plans.
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1 (b) ADDITIONAL PROGRAMS.—Waivers may also be

2 requested for requirements regarding the following pro3 grams:

4 (1) The Head Start Act.

5 (2) The Runaway and Homeless Youth Act.

6 (3) The Juvenile Justice and Delinquency Pre7 vention Act.

8 (4) The National School Lunch Act.

9 (5) The School Breakfast Program.

10 (6) The Child and Adult Care Food Program.

11 (7) The Special School Milk Program.

12 (8) The Summer Food Service Program.

13 (9) The Community Services Block Grant Pro14 gram.

15 If such waivers are requested, the Secretary shall consult

16 with the heads of other appropriate Federal agencies, if

17 any, in determining whether to approve a project. The

18 Secretary shall obtain the approval of such agency head

19 as part of final approval of such project.

20 SEC. 5. APPLICATIONS.

21 (a) GENERAL REQUIREMENTS.—A school, local edu22 cational agency, or State that desires to receive a waiver

23 under this Act shall—
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1 (1) indicate which Federal requirements are to

2 be waived and how waiving such requirements will

3 improve educational achievement among all students;

4 (2) describe educational programs and goals

5 being proposed and how such programs will meet the

6 needs of all students;

7 (3) identify the Federal programs to be in8 cluded in the project;

9 (4) indicate which State and local requirements

10 to be waived;

11 (5) describe specific, measurable educational

12 improvement goals and expected outcomes for all af13 fected students;

14 (6) describe methods to be used to measure

15 progress toward meeting such goals;

16 (7) describe how programs will continue to

17 focus on the same populations served by programs

18 for which waivers are requested;

19 (8) describe how students not now eligible for

20 programs for which waivers are granted can be

21 served without weakening the program benefits for

22 eligible populations; and

23 (9) describe the student population at proposed

24 schools, including—
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1 (A) current data regarding the achieve2 ment levels of students, particularly disadvan3 taged students;

4 (B) the number of students who—

5 (i) are of limited English proficiency,

6 as defined in section 7003(a)(1) of the Bi7 lingual Education Act;

8 (ii) are children with disabilities, as

9 defined in section 602(a)(1) of the Individ10 uals with Disabilities Education Act;

11 (iii) are currently or were, within the

12 past 5 years, migratory;

13 (iv) are educationally disadvantaged

14 for the purposes of chapter 1 of title I of

15 the Elementary and Secondary Education

16 Act of 1965; and

17 (v) are eligible for a free or reduced18 price lunch.

19 (b) ADDITIONAL REQUIREMENTS.—The Secretary of

20 Education may include additional requirements as may

21 reasonably be required.

22 (c) INDIVIDUAL SCHOOL APPLICATIONS.—A local

23 school that desires to receive a waiver under this Act shall

24 submit an application to the local educational agency,
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1 which, after review, shall submit such application to the

2 State educational agency.

3 (d) LOCAL APPLICATIONS.—(1) A local educational

4 agency that desires to receive a waiver under this Act shall

5 submit an application to the State educational agency for

6 review.

7 (2) A State educational agency that approves an ap8 plication submitted by a local educational agency shall for9 ward such application to the Secretary of Education for

10 consideration.

11 (3) If an application requests a waiver for a program

12 other than an education program, the State educational

13 agency shall submit such application to the chief executive

14 of the State for review before forwarding such application

15 to the Secretary of Education.

16 (e) STATE APPLICATIONS.—(1) A State educational

17 agency that desires to receive a waiver under this Act shall

18 submit an application to the Secretary of Education for

19 consideration, unless such application requires waivers for

20 other than education programs.

21 (2) Such application shall be submitted to the chief

22 executive of the State for review before forwarding such

23 application to the Secretary of Education.
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1 SEC. 6. WAIVER RESTRICTIONS.

2 Nothing in this section shall be construed to author3 ize any changes in, substitutions for, or lessening of the

4 protections of Federal laws and regulations regarding civil

5 rights, discrimination, and safety or to affect regulations

6 and prohibitions concerning the diversion of Federal funds

7 for private use. Requirements which shall not be waived

8 include—

9 (1) requirements governing fund allocations;

10 (2) requirements governing privacy of pupil

11 records;

12 (3) requirements under title VI of the Civil

13 Rights Act of 1964;

14 (4) provisions of section 504 of the Rehabilita15 tion Act of 1973;

16 (5) provisions of title II of the Americans with

17 Disabilities Act;

18 (6) requirements of title IX of the Education

19 Amendments of 1972;

20 (7) requirements of parts A, B, and H under

21 the Individuals with Disabilities Education Act;

22 (8) requirements governing—

23 (A) maintenance of effort;

24 (B) comparability; or

25 (C) the equitable participation of students

26 attending private schools; and
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1 (9) requirements on parental participation and

2 involvement.

3 SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE.

4 (a) WAIVERS.—Three years after a waiver is provided

5 to a school or local educational agency, the Secretary of

6 Education shall evaluate the effectiveness of such waiver,

7 based on reports and evaluations conducted by the State

8 educational agency, in meeting the goals outlined in their

9 application, in achieving educational reform, in raising

10 student achievement for all students, including students

11 with disabilities, students who are disadvantaged, and stu12 dents who are limited English proficient, and in meeting

13 the National Education Goals.

14 (b) TECHNICAL ASSISTANCE.—If the Secretary de15 termines that progress in achieving education reform is

16 not satisfactory, the Secretary may provide technical as17 sistance to a school or local educational agency.

18 (c) TERMINATION.—If the Secretary determines that

19 the technical assistance does not improve education reform

20 efforts, the Secretary may immediately terminate any

21 waivers previously granted.

22 (d) NATIONAL EVALUATION.—Three years after the

23 flexibility program is implemented and at the end of every

24 succeeding 3-year period, the Secretary shall evaluate the

25 effectiveness of the flexibility program nationwide. The
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1 findings of such evaluation shall be submitted to the Con2 gress not later than 120 days after such evaluation is

3 completed.

4 SEC. 8. REPORTS.

5 (a) LOCAL REPORTS.—A local educational agency or

6 school that participates in a flexibility project under this

7 Act shall submit an annual report to the State educational

8 agency that—

9 (1) describes project activities;

10 (2) evaluates the progress in achieving the goals

11 stated in the application; and

12 (3) evaluates the effectiveness of coordinating

13 services for students and their families.

14 (b) STATE REPORTS.—(1) A State that participates

15 in a flexibility project under this Act shall submit an an16 nual report to the Secretary of Education which evaluates

17 the progress in achieving goals stated in the application.

18 (2) The State Educational Agency, upon receipt of

19 reports of local educational agencies or schools participat20 ing in a flexibility project, shall review such documents

21 and evaluate the progress of such programs in elevating

22 academic achievement for all students, accomplishing edu23 cation reform and meeting the National Education Goals.

24 Such reports and evaluations shall be submitted to the

25 Secretary of Education on an annual basis.
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1 (c) SECRETARY REPORTS.—The Secretary of Edu2 cation shall submit to the Congress a biennial report,

3 based on State reports, regarding the national progress

4 of flexibility programs and the effect of such programs on

5 improving educational achievement for all students and

6 meeting the National Education Goals. The Secretary

7 shall disseminate information on exemplary practices

8 through the National Diffusion Network.

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