II

105TH CONGRESS

2D SESSION S. 2213

To allow all States to participate in activities under the Education Flexibility

Partnership Demonstration Act.

IN THE SENATE OF THE UNITED STATES

JUNE 24, 1998

Mr. FRIST (for himself, Mr. WYDEN, Mr. KERREY, Mr. DEWINE, Mr. GLENN,

Mr. KEMPTHORNE, Mr. FORD, Mr. HELMS, Mr. GRASSLEY, Mr. ROTH,

Ms. COLLINS, and Mr. SMITH of Oregon) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To allow all States to participate in activities under the

Education Flexibility Partnership Demonstration Act.

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 ‘‘Education Flexibility

5 Amendments of 1998’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) States differ substantially in demographics,

9 in level of urbanization, in geography, and in school
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1 governance. The administrative and funding mecha2 nisms that help schools in 1 State improve may not

3 prove successful in other States.

4 (2) State and local educational agencies are re5 quired to complete numerous reporting requirements

6 established by Federal rule or regulation. States and

7 schools need flexibility, with respect to Federal and

8 State rules and regulations, to devise the best way

9 in differing situations to achieve the goals of Federal

10 and State education laws.

11 (3) To achieve the State goals for the education

12 of children in the State, the focus must be on re13 sults, not process.

14 (4) Activities assisted under the Education

15 Flexibility Partnership Demonstration Act, as imple16 mented by 12 States—

17 (A) represent a significant step in focusing

18 on results not process; and

19 (B) give States substantial flexibility in ex20 change for accountability.

21 SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PART22 NERSHIP DEMONSTRATION ACT.

23 (a) IN GENERAL.—Section 311(e) of the Goals 2000:

24 Educate America Act (20 U.S.C. 5891(e)) is amended—

25 (1) in paragraph (2)—
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1 (A) by amending subparagraph (A) to read

2 as follows:

3 ‘‘(A) IN GENERAL.—The Secretary may

4 carry out an education demonstration program

5 under which the Secretary authorizes—

6 ‘‘(i) a State educational agency that

7 serves an eligible State to waive statutory

8 or regulatory requirements applicable to 1

9 or more programs or Acts described in

10 subsection (b), other than requirements de11 scribed in subsection (c), for the State edu12 cational agency or any local educational

13 agency or school within the State; and

14 ‘‘(ii) a State educational agency that

15 serves an eligible State and participated in

16 the program under this subsection prior to

17 the date of enactment of the Education

18 Flexibility Amendments of 1998 to waive

19 statutory or regulatory requirements appli20 cable to 1 or more programs or Acts de21 scribed in subsection (b), title III of the

22 Elementary and Secondary Education Act

23 of 1965, or the Adult Education Act, other

24 than requirements described in subsection

25 (c), for the State educational agency or
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1 any local educational agency or school

2 within the State.’’;

3 (B) by striking subparagraph (B); and

4 (C) by redesignating subparagraph (C) as

5 subparagraph (B); and

6 (2) in paragraph (3)—

7 (A) in subparagraph (A), by inserting ‘‘(i)’’

8 after ‘‘(A)’’;

9 (B) in subparagraph (B), by striking the

10 period and inserting ‘‘; or’’;

11 (C) by redesignating subparagraph (B) (as

12 amended by subparagraph (B)) as clause (ii);

13 and

14 (D) by adding at the end the following:

15 ‘‘(B) has a consolidated State plan or a

16 consolidated State application approved by the

17 Secretary under section 14302 of the Elemen18 tary and Secondary Education Act of 1965.’’.

19 (b) FUNDING.—Section 311(e) of the Goals 2000:

20 Educate America Act (20 U.S.C. 5891(e)) is amended fur21 ther by adding at the end the following:

22 ‘‘(h) FUNDING.—Notwithstanding any other provi23 sion of law and using any funds available to the Secretary,

24 the Secretary shall make available such funds as are nec-
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1 essary to carry out this subsection for each of the fiscal

2 years 1999 through 2003.’’.

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