I

106TH CONGRESS

1ST SESSION H. R. 1494

To provide dollars to the classroom.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1999

Mr. PITTS (for himself, Mr. GOODLING, Mr. HASTERT, Mr. DELAY, Mr.

ARMEY, Mr. WATTS of Oklahoma, Mr. ISTOOK, Mr. SALMON, Mr. SMITH

of New Jersey, Mr. SCHAFFER, Mr. HAYWORTH, Mr. ROYCE, Mr.

HILLEARY, Mr. CHAMBLISS, Mr. SUNUNU, Ms. GRANGER, Mr. COOKSEY,

Mr. TALENT, Mrs. EMERSON, Mr. SMITH of Michigan, Mr. BARTLETT

of Maryland, Mr. BLILEY, Mr. MCINTOSH, Mr. HUTCHINSON, Mr. HORN,

Mr. CHABOT, Mr. HEFLEY, Mr. JENKINS, Mr. PICKERING, Mr. BASS,

Mr. DOOLITTLE, Mr. HOEKSTRA, Mr. PETERSON of Pennsylvania, Mr.

BURTON of Indiana, Mr. STUMP, Mr. MANZULLO, Mrs. MYRICK, Mr.

HANSEN, Mr. DREIER, Mr. BEREUTER, Mr. BOEHNER, Mr. GIBBONS,

Mr. METCALF, Mr. CANADY of Florida, Mr. BARR of Georgia, Mr.

FORBES, Mr. GUTKNECHT, Mr. LEWIS of Kentucky, Mr. TIAHRT, Mr.

MCCRERY, Mr. DUNCAN, Mr. EHRLICH, Mr. KOLBE, Mr. FOSSELLA, Mr.

SENSENBRENNER, Mr. THUNE, Mr. ENGLISH, Mr. COBURN, Mr.

SHIMKUS, Mrs. CHENOWETH, Mr. LATHAM, Mr. ROGAN, Mr. EWING, Mr.

HOSTETTLER, Mr. KASICH, Mr. HASTINGS of Washington, Mr. COLLINS,

Mr. CANNON, Mr. WICKER, Mr. HALL of Texas, Mr. GILLMOR, Mr.

BURR of North Carolina, Mr. HERGER, Mr. WELDON of Florida, Mr.

TANCREDO, Mr. MICA, Mr. SKEEN, Mr. FRANKS of New Jersey, Mr.

LARGENT, Mr. BLUNT, Mr. POMBO, Mr. KNOLLENBERG, Mr. DEMINT,

Mr. SCARBOROUGH, Mr. GARY MILLER of California, Mr. LOBIONDO,

Mr. BRYANT, Mr. SESSIONS, Mr. BARTON of Texas, Mr. HAYES, Mr.

SAM JOHNSON of Texas, Mr. RADANOVICH, Mr. SPENCE, Mr. RYUN of

Kansas, Mr. DIAZ-BALART, Mrs. CUBIN, Mr. BRADY of Texas, Mr. REGULA, Mr. LUCAS of Oklahoma, Mr. RUSH, Mr. FOLEY, Mrs. ROUKEMA,

Mr. CALVERT, Mr. MCCOLLUM, Mr. TOOMEY, Mr. TERRY, Mr. COMBEST,

Mr. GOODLATTE, Mr. GREEN of Wisconsin, Mr. SWEENEY, Mr.

KUYKENDALL, Mr. FLETCHER, Mr. EVERETT, Mr. TAYLOR of North

Carolina, Mr. NUSSLE, Mr. JONES of North Carolina, Mr. GRAHAM, Mrs.

BONO, Mr. NORWOOD, Mr. BUYER, Mr. ADERHOLT, Mr. HULSHOF, Mr.

DICKEY, Mr. RYAN of Wisconsin, and Mr. MILLER of Florida) introduced

the following bill; which was referred to the Committee on Education and

the Workforce
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A BILL

To provide dollars to the classroom.

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 ‘‘Dollars to the Class5 room Act’’.

6 TITLE I—IMPROVEMENT OF

7 CLASSROOM SERVICES AND

8 ACTIVITIES

9 SEC. 101. GRANTS TO STATES.

10 The Secretary is authorized to award grants in ac11 cordance with this title to States for use by States and

12 local educational agencies to improve classroom services

13 and activities for students.

14 SEC. 102. GRANT AWARD.

15 (a) RESERVATION OF FUNDS.—From the amount ap16 propriated to carry out this title for any fiscal year, the

17 Secretary shall reserve—

(1) 1 18 ⁄2 of 1 percent for the outlying areas, to be

19 distributed among the outlying areas on the basis of

20 their relative need, as determined by the Secretary

21 in accordance with the purposes of this section; and
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(2) 1 1 ⁄2 of 1 percent for the Secretary of the In2 terior for programs under this title in schools oper3 ated or funded by the Bureau of Indian Affairs.

4 (b) STATE ALLOCATIONS.—Funds appropriated to

5 carry out this title for any fiscal year, which are not re6 served under subsection (a), shall be allocated among the

7 States as follows:

8 (1) HOLD HARMLESS.—If the amount of funds

9 appropriated to carry out this title in any fiscal year

10 equals or exceeds the aggregate amount all States

11 received in fiscal year 1999 under the following pro12 visions, as such provisions were in effect on the day

13 preceding the date of the enactment of this Act—

14 (A) title III of the Goals 2000: Educate

15 America Act (20 U.S.C. 5881 et seq.);

16 (B) section 1002(g)(2) of the Elementary

17 and Secondary Education Act of 1965 (20

18 U.S.C. 6302(g));

19 (C) section 1502 of the Elementary and

20 Secondary Education Act of 1965 (20 U.S.C.

21 6492);

22 (D) part B of title II of the Elementary

23 and Secondary Education Act of 1965 (20

24 U.S.C. 6641 et seq.);
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1 (E) section 3132 of the Elementary and

2 Secondary Education Act of 1965 (20 U.S.C.

3 6842 et seq.);

4 (F) title VI of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 7311

6 et seq.) (excluding amounts appropriated under

7 section 307 of the Department of Education

8 Appropriations Act of 1999); and

9 (G) part B of title VII of the Stewart B.

10 McKinney Homeless Assistance Act (42 U.S.C.

11 11421 et seq.),

12 the Secretary shall allocate to each State the aggre13 gate amount such State received for fiscal year 1999

14 under such provisions.

15 (2) INSUFFICIENT FUNDS.—If the amount of

16 appropriations to carry out this title for any fiscal

17 year is insufficient to pay the full amounts that all

18 States are eligible to receive under paragraph (1) for

19 such year, the Secretary shall ratably reduce such

20 amounts for such year.

21 (3) REMAINING FUNDS.—If funds remain after

22 meeting the requirements of paragraph (1), such re23 maining funds shall be allocated among the States

24 in the following manner:
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1 (A) 50 percent of such remaining funds

2 shall be allocated to States in proportion to

3 their grants under part A of title I of the Ele4 mentary and Secondary Education Act of 1965

5 for the preceding fiscal year; and

6 (B) 50 percent of such remaining funds

7 shall be allocated to States in proportion to the

8 number of children ages 5 through 17, inclu9 sive, according to the most recent available data

10 that are satisfactory to the Secretary.

11 (c) DEFINITION OF STATE.—For purposes of this

12 section, the term ‘‘State’’ includes the 50 States, the Dis13 trict of Columbia, and the Commonwealth of Puerto Rico.

14 (d) DEFINITION OF OUTLYING AREA.—For purposes

15 of this section, the term ‘‘outlying area’’ includes Amer16 ican Samoa, Guam, the United States Virgin Islands, and

17 the Commonwealth of the Northern Mariana Islands.

18 (e) PAYMENTS.—Funds awarded to a State under

19 this section shall be paid to the individual or entity in the

20 State that is responsible for the State administration of

21 Federal education funds pursuant to State law.

22 (f) USE OF STATE AWARDS.—

23 (1) IN GENERAL.—From the amount made

24 available to a State under subsection (b) for a fiscal

25 year, the State—
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1 (A) shall use not more than 5 percent of

2 the total amount to support programs or activi3 ties, for children ages 5 through 17, that the

4 State determines appropriate, of which the

5 State shall distribute 20 percent of the 5 per6 cent to local educational agencies in the State

7 to pay the administrative expenses of the local

8 educational agencies that are associated with

9 the activities and services assisted under this

10 section; and

11 (B) shall distribute, pursuant to section

12 103(a), not less than 95 percent of the amount

13 to local educational agencies in the State for

14 the fiscal year to enable the local educational

15 agencies to pay the costs of activities or services

16 provided in the classroom, for children ages 5

17 through 17, that the local educational agencies

18 determine appropriate subject to the require19 ments of section 103(b).

20 (2) ADMINISTRATIVE EXPENSES.—For the pur21 pose of paragraph (1)(B), the costs of activities and

22 services provided in the classroom exclude the ad23 ministrative expenses associated with the activities

24 and services.
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1 (g) SUPPLEMENT NOT SUPPLANT.—A State or local

2 educational agency shall use funds received under this title

3 only to supplement the amount of funds that would, in

4 the absence of such Federal funds, be made available from

5 non-Federal sources for the education of pupils partici6 pating in programs assisted under this title, and not to

7 supplant such funds.

8 (h) ANNUAL REPORTS.—

9 (1) IN GENERAL.—Each State receiving assist10 ance under this part shall issue a report on an an11 nual basis, not later than April 1 of each year begin12 ning the year after the date of the enactment of this

13 Act, to the Secretary, the Committee on Education

14 and the Workforce of the House of Representatives,

15 the Committee on Labor and Human Resources of

16 the Senate, and the Committees on Appropriations

17 of the Senate and the House of Representatives that

18 describes how funds under this title have been used

19 to improve student performance in that State.

20 (2) CERTIFICATION.—The report must also in21 clude a certification by the State that 95 percent of

22 funding provided under this title during the pre23 ceding fiscal year has been expended by local edu24 cational agencies within that State for classroom ac-
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1 tivities and services pursuant to subsection

2 (f)(1)(B).

3 (3) MEASURES OF PERFORMANCE.—In deter4 mining student academic performance within the

5 State, the State shall use such measures of student

6 academic performance as it deems appropriate. The

7 State may disaggregate data by poverty, subject

8 area, race, gender, geographic location, or other cri9 teria as the State deems appropriate.

10 (4) AVAILABILITY OF REPORT.—Each State

11 shall make the report described in this subsection

12 available to parents and members of the public

13 throughout that State.

14 SEC. 103. LOCAL AWARDS.

15 (a) DETERMINATION OF AMOUNT OF FUNDS.—

16 (1) IN GENERAL.—The individual or entity in

17 the State that is responsible for the State adminis18 tration of Federal education funds pursuant to State

19 law of each State receiving assistance under this

20 title, in consultation with the Governor of such

21 State, the chief State school officer of such State,

22 representatives from the State legislature, and rep23 resentatives from local educational agencies within

24 such State, shall develop a formula for the allocation
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1 of funds described in section 102, to local edu2 cational agencies, taking into consideration—

3 (A) poverty rates within each local edu4 cational agency;

5 (B) children living in sparsely populated

6 areas;

7 (C) an equitable distribution of funds

8 among urban, rural, and suburban areas;

9 (D) children whose education imposes a

10 higher than average cost per child; and

11 (E) such other factors as considered appro12 priate.

13 (2) HOLD HARMLESS.—No local educational

14 agency shall receive an award under this subsection

15 for any fiscal year in an amount that is less than

16 the amount the local educational agency received to

17 carry out programs or activities for fiscal year 1999

18 for title III of the Goals 2000: Educate America Act

19 (20 U.S.C. 5881 et seq.), part B of title II of the

20 Elementary and Secondary Education Act of 1965

21 (20 U.S.C. 6641 et seq.), section 3132 of the Ele22 mentary and Secondary Education Act of 1965 (20

23 U.S.C. 6842 et seq.), title VI of the Elementary and

24 Secondary Education Act of 1965 (20 U.S.C. 7311

25 et seq.) (excluding amounts appropriated under sec-
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1 tion 307 of the Department of Education Appropria2 tions Act of 1999), and part B of title VII of the

3 Stewart B. McKinney Homeless Assistance Act (42

4 U.S.C. 11421 et seq.) as in effect on the day pre5 ceding the date of the enactment of this Act plus

6 amounts the local educational agency is eligible to

7 receive during fiscal years 1999 through 2003 pur8 suant to all multiyear awards made prior to the date

9 of enactment of this Act under any program that is

10 repealed by section 107 that is not listed in this sen11 tence.

12 (3) INSUFFICIENT FUNDS.—If the amount allo13 cated to a State to carry out this title for any fiscal

14 year is insufficient to pay the full amounts that all

15 local educational agencies in such State are eligible

16 to receive under paragraph (2) for such year, the

17 State shall ratably reduce such amounts for such

18 year.

19 (b) LOCAL USES OF FUNDS.—Funds made available

20 under this section to a local educational agency shall be

21 used for the following classroom services and activities:

22 (1) Programs for the acquisition and use of in23 structional and educational materials, including li24 brary services and materials (including media mate25 rials), assessments, reference materials, and other
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1 curricular materials which are tied to high academic

2 standards and which will be used to improve student

3 achievement and which are part of an overall edu4 cation reform program.

5 (2) Professional development for instructional

6 staff.

7 (3) Programs to improve the higher order

8 thinking skills of disadvantaged elementary and sec9 ondary school students and to prevent students from

10 dropping out of school.

11 (4) Efforts to lengthen the school day or the

12 school year.

13 (5) Programs to combat illiteracy in the student

14 population.

15 (6) Programs to provide for the educational

16 needs of gifted and talented children.

17 (7) Promising education reform projects that

18 are tied to State student content and performance

19 standards.

20 (8) Carrying out comprehensive school reform

21 programs that are based on reliable research.

22 (9) Programs for homeless children and youth.

23 (10) Programs that are built upon partnerships

24 between local educational agencies and institutions

25 of higher education, educational service agencies, li-
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1 braries, businesses, regional educational laboratories,

2 or other educational entities, for the purpose of pro3 viding educational services consistent with this sec4 tion.

5 (11) The acquisition of books, materials and

6 equipment, payment of compensation of instructional

7 staff, and instructional activities that are necessary

8 for the conduct of programs in magnet schools.

9 (12) Programs to promote academic achieve10 ment among women and girls.

11 (13) Programs to provide for the educational

12 needs of children with limited English proficiency or

13 who are American Indian, Alaska Native, or Native

14 Hawaiian.

15 (14) Activities to provide the academic support,

16 enrichment, and motivation to enable all students to

17 reach high State standards.

18 (15) Efforts to reduce the pupil-teacher ratio.

19 (16) Projects and programs which assure the

20 participation in mainstream settings in arts and

21 education programs of individuals with disabilities.

22 (17) Projects and programs to integrate arts

23 education into the regular elementary and secondary

24 school curriculum.
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1 (18) Programs designed to educate students

2 about the history and principles of the Constitution

3 of the United States, including the Bill of Rights,

4 and to foster civic competence and responsibility.

5 (19) Mathematics and science education in6 structional materials.

7 (20) Programs designed to improve the quality

8 of student writing and learning and the teaching of

9 writing as a learning process.

10 (21) Technology related to the implementation

11 of school-based reform programs, including profes12 sional development to assist teachers and other

13 school officials regarding how to effectively use such

14 equipment and software.

15 (22) Computer software and hardware for in16 structional use.

17 (23) Developing, adapting, or expanding exist18 ing and new applications of technology.

19 (24) Acquiring connectivity linkages, resources,

20 and services, including the acquisition of hardware

21 and software, for use by teachers, students, and

22 school library media personnel in the classroom or in

23 school library media centers, in order to improve

24 student learning.
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1 (25) After-school programs designed to engage

2 children in a constructive manner and to promote

3 their academic, developmental, and personal growth;

4 (26) Developing, constructing, acquiring, main5 taining, operating, and obtaining technical assist6 ance in the use of telecommunications audio and vis7 ual facilities and equipment for use in the classroom.

8 (27) Developing, acquiring, and obtaining tech9 nical assistance in the use of educational and in10 structional video programming for use in the class11 room.

12 (c) PARENT INVOLVEMENT.—Each local educational

13 agency receiving assistance under this section shall involve

14 parents and members of the public in planning for the use

15 of funds provided under this section.

16 SEC. 104. PARTICIPATION OF CHILDREN ENROLLED IN PRI17 VATE SCHOOLS.

18 Each local educational agency that receives funds

19 under this title shall provide for the participation of chil20 dren enrolled in private schools, and their teachers or

21 other educational personnel, in the activities and services

22 assisted under such section in the same manner as private

23 school children, and their teachers or other educational

24 personnel, participate in activities and services under the

25 Elementary and Secondary Education Act of 1965 (20
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1 U.S.C. 6301 et seq.) pursuant to sections 14503, 14504,

2 14505, and 14506 of such Act (20 U.S.C. 8893, 8894,

3 8895, and 8896).

4 SEC. 105. DEFINITIONS.

5 In this title—

6 (1) the term ‘‘local educational agency’’ has the

7 meaning given the term in section 14101 of the Ele8 mentary and Secondary Education Act of 1965 (20

9 U.S.C. 8801);

10 (2) the term ‘‘educational service agency’’ has

11 the meaning given the term in section 14101 of the

12 Elementary and Secondary Education Act of 1965

13 (20 U.S.C. 8801);

14 (3) the term ‘‘Secretary’’ means the Secretary

15 of Education; and

16 (4) except as otherwise provided, the term

17 ‘‘State’’ means each of the several States of the

18 United States, the District of Columbia, the Com19 monwealth of Puerto Rico, Guam, American Samoa,

20 the Commonwealth of the Northern Mariana Is21 lands, and the United States Virgin Islands.

22 SEC. 106. GENERAL PROVISIONS.

23 (a) RULE OF CONSTRUCTION.—Nothing in this title

24 shall be construed to authorize an officer or employee of

25 the Federal Government to require, direct, or control a
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1 State, local educational agency or school’s specific instruc2 tional content of pupil performance standards and assess3 ments, curriculum, or program of instruction as a condi4 tion of eligibility to receive funds under this title.

5 (b) STATE AND LOCAL DETERMINATION.—

6 (1) IN GENERAL.—The Secretary shall not

7 issue any regulation regarding the type of classroom

8 activities or services that may be assisted under this

9 title.

10 (2) INSTRUCTIONAL METHOD AND SETTING.—

11 No local educational agency shall be required to pro12 vide services under this title through a particular in13 structional method or in a particular instructional

14 setting in order to receive funding under this title.

15 SEC. 107. REPEALS.

16 The following provisions are repealed:

17 (1) Title III of the Goals 2000: Educate Amer18 ica Act (20 U.S.C. 5881 et seq.).

19 (2) Title IV of the Goals 2000: Educate Amer20 ica Act (20 U.S.C. 5911 et seq.).

21 (3) Title VI of the Goals 2000: Educate Amer22 ica Act (20 U.S.C. 5951).

23 (4) Titles II, III, and IV of the School-to-Work

24 Opportunities Act of 1994 (20 U.S.C. 6121 et seq.,

25 6171 et seq., and 6191 et seq.).
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1 (5) section 1502 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6492).

3 (6) section 1503 of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C. 6493).

5 (7) section 1002(g)(2) of the Elementary and

6 Secondary Education Act of 1965.

7 (8) Part A of title II of the Elementary and

8 Secondary Education Act of 1965 (20 U.S.C. 6621

9 et seq.).

10 (9) Part B of title II of the Elementary and

11 Secondary Education Act of 1965 (20 U.S.C. 6641

12 et seq.).

13 (10) Title III of the Elementary and Secondary

14 Education Act of 1965 (20 U.S.C. 6801 et seq.).

15 (11) Part A of title V of the Elementary and

16 Secondary Education Act of 1965 (20 U.S.C. 7201

17 et seq.).

18 (12) Part B of title V of the Elementary and

19 Secondary Education Act of 1965 (20 U.S.C. 7231

20 et seq.).

21 (13) Title VI of the Elementary and Secondary

22 Education Act of 1965 (20 U.S.C. 7311 et seq.).

23 (14) Part B of title IX of the Elementary and

24 Secondary Education Act of 1965 (20 U.S.C. 7901

25 et seq.).
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1 (15) Part C of title IX of the Elementary and

2 Secondary Education Act of 1965 (20 U.S.C. 7931

3 et seq.).

4 (16) Part A of title X of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C. 8001

6 et seq.).

7 (17) Part B of title X of the Elementary and

8 Secondary Education Act of 1965 (20 U.S.C. 8031

9 et seq.).

10 (18) Part D of title X of the Elementary and

11 Secondary Education Act of 1965 (20 U.S.C. 8091

12 et seq.).

13 (19) Part F of title X of the Elementary and

14 Secondary Education Act of 1965 (20 U.S.C. 8141

15 et seq.).

16 (20) Part G of title X of the Elementary and

17 Secondary Education Act of 1965 (20 U.S.C. 8161

18 et seq.).

19 (21) Part I of title X of the Elementary and

20 Secondary Education Act of 1965 (20 U.S.C. 8241

21 et seq.).

22 (22) Part J of title X of the Elementary and

23 Secondary Education Act of 1965 (20 U.S.C. 8271

24 et seq.).
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1 (23) Part K of title X of the Elementary and

2 Secondary Education Act of 1965 (20 U.S.C. 8331

3 et seq.).

4 (24) Part L of title X of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C. 8351

6 et seq.).

7 (25) Part A of title XIII of the Elementary and

8 Secondary Education Act of 1965 (20 U.S.C. 8621

9 et seq.).

10 (26) Part C of title XIII of the Elementary and

11 Secondary Education Act of 1965 (20 U.S.C. 8671

12 et seq.).

13 (27) Subtitle B of title VII of the Stewart B.

14 McKinney Homeless Assistance Act (42 U.S.C.

15 11421 et seq.).

16 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to carry out

18 this title, $2,870,000,000 for fiscal year 2000,

19 $2,940,000,000 for fiscal year 2001, $3,001,000,000 for

20 fiscal year 2002, $3,074,000,000 for fiscal year 2003; and

21 $3,149,000,000 for fiscal year 2004.

22 TITLE II—MISCELLANEOUS

23 PROVISIONS

24 SEC. 201. EXPANSION OF ED-FLEX DEMONSTRATIONS.

25 (a) WAIVER AUTHORITY.—
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1 (1) IN GENERAL.—Except as provided in sub2 section (c), the Secretary may waive any statutory

3 or regulatory requirement applicable to any program

4 or Act described in subsection (b) for a State edu5 cational agency, local educational agency, or school

6 if—

7 (A) and only to the extent that, the Sec8 retary determines that such requirement im9 pedes the ability of the State, or of a local edu10 cational agency or school in the State, to carry

11 out the State or local improvement plan;

12 (B) the State educational agency has

13 waived, or agrees to waive, similar requirements

14 of State law;

15 (C) in the case of a statewide waiver, the

16 State educational agency—

17 (i) provides all local educational agen18 cies and parent organizations in the State

19 with notice and an opportunity to comment

20 on the State educational agency’s proposal

21 to seek a waiver; and

22 (ii) submits the local educational

23 agencies’ comments to the Secretary; and

24 (D) in the case of a local educational agen25 cy waiver, the local educational agency provides
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1 parents, community groups, and advocacy or

2 civil rights groups with the opportunity to com3 ment on the proposed waiver.

4 (2) APPLICATION.—(A)(i) To request a waiver

5 under paragraph (1), a local educational agency or

6 school that receives funds under this title, or a local

7 educational agency or school shall transmit an appli8 cation for such a waiver to the State educational

9 agency. The State educational agency then shall sub10 mit approved applications for waivers under para11 graph (1) to the Secretary.

12 (ii) A State educational agency may request a

13 waiver under paragraph (1) by submitting an appli14 cation for such waiver to the Secretary.

15 (B) Each application submitted to the Sec16 retary under subparagraph (A) shall—

17 (i) identify the statutory or regulatory re18 quirements that are requested to be waived and

19 the goals that the State educational agency or

20 local educational agency or school intends to

21 achieve;

22 (ii) describe the action that the State edu23 cational agency has undertaken to remove State

24 statutory or regulatory barriers identified in the

25 application of local educational agencies;
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1 (iii) describe the goals of the waiver and

2 the expected programmatic outcomes if the re3 quest is granted;

4 (iv) describe the numbers and types of stu5 dents to be impacted by such waiver;

6 (v) describe a timetable for implementing a

7 waiver; and

8 (vi) describe the process the State edu9 cational agency will use to monitor, on a bian10 nual basis, the progress in implementing a

11 waiver.

12 (3) TIMELINESS.—The Secretary shall act

13 promptly on a request for a waiver under paragraph

14 (1) and shall provide a written statement of the rea15 sons for granting or denying such request.

16 (4) DURATION.—Each waiver under paragraph

17 (1) shall be for a period not to exceed 4 years. The

18 Secretary may extend such period if the Secretary

19 determines that the waiver has been effective in ena20 bling the State or affected local educational agencies

21 to carry out reform plans.

22 (b) INCLUDED PROGRAMS.—The statutory or regu23 latory requirements subject to the waiver authority of this

24 section are any such requirements under the following pro25 grams or Acts:
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1 (1) Title I of the Elementary and Secondary

2 Education Act of 1965.

3 (2) Part A of title II of the Elementary and

4 Secondary Education Act of 1965.

5 (3) Part A of title V of the Elementary and

6 Secondary Education Act of 1965.

7 (4) Title VIII of the Elementary and Secondary

8 Education Act of 1965.

9 (5) Part B of title IX of the Elementary and

10 Secondary Education Act of 1965.

11 (6) The Carl D. Perkins Vocational and Applied

12 Technology Education Act.

13 (c) WAIVERS NOT AUTHORIZED.—The Secretary

14 may not waive any statutory or regulatory requirement of

15 the programs or Acts described in subsection (b)—

16 (1) relating to—

17 (A) maintenance of effort;

18 (B) comparability of services;

19 (C) the equitable participation of students

20 and professional staff in private schools;

21 (D) parental participation and involve22 ment; and

23 (E) the distribution of funds to States or

24 to local educational agencies; and
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1 (2) unless the underlying purposes of the statu2 tory requirements of each program or Act for which

3 a waiver is granted continue to be met to the satis4 faction of the Secretary.

5 (d) TERMINATION OF WAIVERS.—The Secretary

6 shall periodically review the performance of any State,

7 local educational agency, or school for which the Secretary

8 has granted a waiver under subsection (a)(1) and shall

9 terminate the waiver if the Secretary determines that the

10 performance of the State, the local educational agency, or

11 the school in the area affected by the waiver has been in12 adequate to justify a continuation of the waiver.

13 (e) FLEXIBILITY DEMONSTRATION.—

14 (1) SHORT TITLE.—This subsection may be

15 cited as the ‘‘Education Flexibility Partnership

16 Demonstration Act’’.

17 (2) PROGRAM AUTHORIZED.—

18 (A) IN GENERAL.—The Secretary may

19 carry out an education flexibility demonstration

20 program under which the Secretary authorizes

21 not more than 50 State educational agencies

22 serving eligible States to waive statutory or reg23 ulatory requirements applicable to 1 or more

24 programs or Acts described in subsection (b),

25 other than requirements described in subsection
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1 (c), for the State educational agency or any

2 local educational agency or school within the

3 State.

4 (B) AWARD RULE.—In carrying out sub5 paragraph (A), the Secretary shall select for

6 participation in the demonstration program de7 scribed in subparagraph (A) three State edu8 cational agencies serving eligible States that

9 each have a population of 3,500,000 or greater

10 and three State educational agencies serving eli11 gible States that each have a population of less

12 than 3,500,000, determined in accordance with

13 the most recent decennial census of the popu14 lation performed by the Bureau of the Census.

15 (C) DESIGNATION.—Each eligible State

16 participating in the demonstration program de17 scribed in subparagraph (A) shall be known as

18 an ‘‘Ed-Flex Partnership State’’.

19 (3) ELIGIBLE STATE.—For the purpose of this

20 subsection the term ‘‘eligible State’’ means a State

21 that waives State statutory or regulatory require22 ments relating to education while holding local edu23 cational agencies or schools within the State that are

24 affected by such waivers accountable for the per-
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1 formance of the students who are affected by such

2 waivers.

3 (4) STATE APPLICATION.—(A) Each State edu4 cational agency desiring to participate in the edu5 cation flexibility demonstration program under this

6 subsection shall submit an application to the Sec7 retary at such time, in such manner, and containing

8 such information as the Secretary may reasonably

9 require. Each such application shall demonstrate

10 that the eligible State has adopted an educational

11 flexibility plan for the State that includes—

12 (i) a description of the process the State

13 educational agency will use to evaluate applica14 tions from local educational agencies or schools

15 requesting waivers of—

16 (I) Federal statutory or regulatory re17 quirements described in paragraph (2)(A);

18 and

19 (II) State statutory or regulatory re20 quirements relating to education; and

21 (ii) a detailed description of the State stat22 utory and regulatory requirements relating to

23 education that the State educational agency will

24 waive.
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1 (B) The Secretary may approve an application

2 described in subparagraph (A) only if the Secretary

3 determines that such application demonstrates sub4 stantial promise of assisting the State educational

5 agency and affected local educational agencies and

6 schools within such State in carrying out com7 prehensive educational reform, after considering—

8 (i) the comprehensiveness and quality of

9 the educational flexibility plan described in sub10 paragraph (A);

11 (ii) the ability of such plan to ensure ac12 countability for the activities and goals de13 scribed in such plan;

14 (iii) the significance of the State statutory

15 or regulatory requirements relating to education

16 that will be waived; and

17 (iv) the quality of the State educational

18 agency’s process for approving applications for

19 waivers of Federal statutory or regulatory re20 quirements described in paragraph (2)(A) and

21 for monitoring and evaluating the results of

22 such waivers.

23 (5) LOCAL APPLICATION.—(A) Each local edu24 cational agency or school requesting a waiver of a

25 Federal statutory or regulatory requirement de-
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1 scribed in paragraph (2)(A) and any relevant State

2 statutory or regulatory requirement from a State

3 educational agency shall submit an application to

4 the State educational agency at such time, in such

5 manner, and containing such information as the

6 State educational agency may reasonably require.

7 Each such application shall—

8 (i) indicate each Federal program affected

9 and the statutory or regulatory requirement

10 that will be waived;

11 (ii) describe the purposes and overall ex12 pected results of waiving each such require13 ment;

14 (iii) describe for each school year specific,

15 measurable, educational goals for each local

16 educational agency or school affected by the

17 proposed waiver; and

18 (iv) explain why the waiver will assist the

19 local educational agency or school in reaching

20 such goals.

21 (B) A State educational agency shall evaluate

22 an application submitted under subparagraph (A) in

23 accordance with the State’s educational flexibility

24 plan described in paragraph (4)(A).
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1 (C) A State educational agency shall not ap2 prove an application for a waiver under this para3 graph unless—

4 (i) the local educational agency or school

5 requesting such waiver has developed a local re6 form plan that is applicable to such agency or

7 school, respectively; and

8 (ii) the waiver of Federal statutory or reg9 ulatory requirements described in paragraph

10 (2)(A) will assist the local educational agency

11 or school in reaching its educational goals.

12 (6) MONITORING.—Each State educational

13 agency participating in the demonstration program

14 under this subsection shall annually monitor the ac15 tivities of local educational agencies and schools re16 ceiving waivers under this subsection and shall sub17 mit an annual report regarding such monitoring to

18 the Secretary.

19 (7) DURATION OF FEDERAL WAIVERS.—(A)

20 The Secretary shall not approve the application of a

21 State educational agency under paragraph (4) for a

22 period exceeding 5 years, except that the Secretary

23 may extend such period if the Secretary determines

24 that such agency’s authority to grant waivers has

25 been effective in enabling such State or affected
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1 local educational agencies or schools to carry out

2 their local reform plans.

3 (B) The Secretary shall periodically review the

4 performance of any State educational agency grant5 ing waivers of Federal statutory or regulatory re6 quirements described in paragraph (2)(A) and shall

7 terminate such agency’s authority to grant such

8 waivers if the Secretary determines, after notice and

9 opportunity for hearing, that such agency’s perform10 ance has been inadequate to justify continuation of

11 such authority.

12 (f) ACCOUNTABILITY.—In deciding whether to extend

13 a request for a waiver under subsection (a)(1), or a State

14 educational agency’s authority to issue waivers under sub15 section (e), the Secretary shall review the progress of the

16 State educational agency, local educational agency, or

17 school affected by such waiver or authority to determine

18 if such agency or school has made progress toward achiev19 ing the desired results described in the application sub20 mitted pursuant to subsection (a)(2)(B)(iii) or

21 (e)(5)(A)(ii).

22 (g) PUBLICATION.—A notice of the Secretary’s deci23 sion to grant waivers under subsection (a)(1) and to au24 thorize State educational agencies to issue waivers under

25 subsection (e) shall be published in the Federal Register
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1 and the Secretary shall provide for the dissemination of

2 such notice to State educational agencies, interested par3 ties, including educators, parents, students, advocacy and

4 civil rights organizations, other interested parties, and the

5 public.

6 SEC. 202. EXPANSION OF SCHOOLWIDE PROGRAMS.

7 Section 1114(a)(1) of the Elementary and Secondary

8 Education Act of 1965 (20 U.S.C. 6314) is amended by

9 striking ‘‘if, for the initial year of the schoolwide program’’

10 and all that follows through the end and inserting a

11 period.

Æ