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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1872 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1872

                  To provide flexibility in education.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 1993

Mr. Thomas of Wyoming introduced the following bill; which was referred 
                to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
                  To provide flexibility in education.

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

SECTION 1. FLEXIBILITY FOR SCHOOLS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
et seq.) is amended--
            (1) by redesignating sections 8001 through 8005 as 10001 
        through 10005; and
            (2) by inserting after title VII the following:

      ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT

``SEC. 8001. PURPOSE.

    ``It is the purpose of this title to allow States, local 
educational agencies, and schools the flexibility to use and combine 
Federal, State, and local funds as part of systemic educational reform 
plans to improve the educational achievement of elementary and 
secondary school students by waiving certain statutory and regulatory 
requirements.

``SEC. 8002. PROGRAM AUTHORIZED.

    ``(a) Education Programs.--The Secretary of Education is authorized 
to waive certain statutory and regulatory requirements (except as 
provided in section 8004) for States that can demonstrate that such 
waivers are part of a systemwide education reform plan and where such 
States and local educational agencies have implemented similar waiver 
plans.
    ``(b) Additional Programs.--Waivers may also be requested for 
requirements regarding the following programs:
            ``(1) The Head Start Act.
            ``(2) The Runaway and Homeless Youth Act.
            ``(3) The Juvenile Justice and Delinquency Prevention Act.
            ``(4) The National School Lunch Act.
            ``(5) The School Breakfast Program.
            ``(6) The Child and Adult Care Food Program.
            ``(7) The Special School Milk Program.
            ``(8) The Summer Food Service Program.
            ``(9) The Community Services Block Grant Program.
``If such waivers are requested, the Secretary shall consult with the 
heads of other appropriate Federal agencies, if any, in determining 
whether to approve a project. The Secretary shall obtain the approval 
of such agency head as part of final approval of such project.

``SEC. 8003. APPLICATIONS.

    ``(a) General Requirements.--A school, local educational agency, or 
State that desires to receive a waiver under this title shall--
            ``(1) indicate which requirements are to be waived and how 
        waiving such requirements is an integral part of the systemic 
        reform plan and will improve educational achievement among 
        students;
            ``(2) identify the Federal programs to be included in the 
        project;
            ``(3) indicate which State and local requirements shall be 
        waived;
            ``(4) describe specific, measurable educational improvement 
        goals and expected outcomes;
            ``(5) describe methods to be used to measure progress 
        toward meeting such goals;
            ``(6) describe the student population at proposed schools, 
        including--
                    ``(A) current data regarding the achievement levels 
                of students, particularly disadvantaged students;
                    ``(B) 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 Act;
                            ``(iii) are currently or within the past 5 
                        years were migratory;
                            ``(iv) are educationally deprived for the 
                        purposes of chapter 1 of title I of this Act; 
                        and
                            ``(v) are eligible for a free or reduced-
                        price lunch.
    ``(b) Additional Requirements.--The Secretary of Education may 
include additional requirements as may reasonably be required.
    ``(c) Individual School Applications.--A local school that desires 
to receive a waiver under this title shall submit an application to the 
local education agency, which shall submit such application to the 
State education agency.
    ``(d) Local Applications.--(1) A local educational agency that 
desires to receive a waiver under this title shall submit an 
application to the State educational agency.
    ``(2) A State educational agency that approves an application 
submitted by a local education agency shall forward such application to 
the Secretary of Education for consideration, unless such application 
requires waivers for programs other than education programs.
    ``(3) An application that requests a waiver for a program other 
than an education program shall be submitted to the chief executive of 
the State and such executive shall forward such application to the 
Secretary.
    ``(e) State Applications.--(1) A State educational agency that 
desires to receive a waiver under this title shall submit an 
application to the Secretary for consideration, unless such application 
requires waivers for other than education programs.
    ``(2) Such application shall be submitted to the chief executive of 
the State for review before forwarding such application to the 
Secretary.

``SEC. 8004. WAIVER RESTRICTIONS.

    ``Requirements which shall not be waived include--
            ``(1) requirements governing fund allocations;
            ``(2) requirements governing privacy of pupil records;
            ``(3) requirements under title VI of the Civil Rights Act 
        of 1964;
            ``(4) provisions of section 504 of the Rehabilitation Act 
        of 1973;
            ``(5) provisions of title II of the Americans with 
        Disabilities Education Act;
            ``(6) requirements of title IX of the Education Amendments 
        of 1972;
            ``(7) requirements governing pupil rights under the 
        Individuals with Disabilities Act; and
            ``(8) requirements governing--
                    ``(A) maintenance of effort;
                    ``(B) comparability; or
                    ``(C) the equitable participation of students 
                attending private schools.

``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE.

    ``(a) Local Evaluation.--Three years after a waiver is given to a 
local educational agency, the Secretary of Education shall evaluate the 
effectiveness of such waiver in achieving education reform and raising 
student achievement.
    ``(b) Technical Assistance.--If the Secretary determines that 
progress in achieving educational reform is not satisfactory, the 
Secretary may provide technical assistance to a local educational 
agency.
    ``(c) Termination.--If the Secretary determines that the technical 
assistance does not improve educational reform efforts, the Secretary 
may terminate any waivers previously granted.
    ``(d) National Evaluation.--Five years after the flexibility 
program is implemented and at the end of every succeeding five-year 
period, the Secretary shall evaluate the effectiveness of the 
flexibility program nationwide. The findings of such evaluation shall 
be submitted to the Congress not later than 120 days after such 
evaluation is completed.

``SEC. 8006. REPORTS.

    ``(a) Local Reports.--A local educational agency or school that 
participates in a flexibility project under this title shall submit an 
annual report to the State educational agency that--
            ``(1) describes project activities;
            ``(2) evaluates the progress in achieving the goals stated 
        in the application; and
            ``(3) evaluates the effectiveness of coordinating services 
        for students and their families.
    ``(b) State Reports.--A State that participates in a flexibility 
project under this title shall submit an annual report to the Secretary 
of Education which evaluates the progress in achieving goals stated in 
the application.
    ``(c) Secretary Reports.--The Secretary of Education shall submit 
to the Congress a biennial report regarding the national progress of 
flexibility programs and the effect of such programs on educational 
reform.''.

                                 <all>
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