IB
Union Calendar No. 26
106TH CONGRESS
1ST SESSION
H. R. 800
[Report No. 106–43]
To provide for education flexibility partnerships.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1999
Mr. CASTLE (for himself, Mr. ROEMER, Mr. BOEHNER, Mr. DEAL of Georgia,
Mr. DEFAZIO, Mr. DEMINT, Mr. DIAZ-BALART, Mr. DOOLEY of Califor-
nia, Mr. DREIER, Mr. FORBES, Mr. GOODLING, Mr. GRAHAM, Mr.
GREENWOOD, Mr. HILLEARY, Mr. HOBSON, Mr. HOEKSTRA, Ms.
HOOLEY of Oregon, Mr. SAM JOHNSON of Texas, Mrs. MALONEY of New
York, Mr. MORAN of Virginia, Mr. NORWOOD, Mr. PETRI, Mr. SESSIONS,
Mr. SHOWS, Mr. SMITH of Washington, Mr. SOUDER, Mrs. TAUSCHER,
Mr. UPTON, and Mr. WEYGAND) introduced the following bill; which was
referred to the Committee on Education and the Workforce
MARCH 8, 1999
Additional sponsors: Mr. KOLBE, Mr. BARTON of Texas, Mr. GREEN of Texas,
Mr. MALONEY of Connecticut, Mr. KUYKENDALL, Mr. HOYER, Mr. REG-
ULA, Mr. DAVIS of Florida, Mrs. JOHNSON of Connecticut, Mr. SHAYS,
Mr. MOORE, Mr. WU, Mr. FORD, Ms. PRYCE of Ohio, Mr. PETERSON
of Pennsylvania, Mr. TERRY, Mr. UNDERWOOD, Mr. PHELPS, Mr.
FROST, Mr. HERGER, Mr. HOEFFEL, Mr. TRANCREDO, Mr. KIND, Mr.
LUCAS of Kentucky, Mr. LARGENT, Mr. FLETCHER, Mr. MCKEON, Mr.
CLEMENT, Mr. SHERMAN, Mrs. MYRICK, Mr. PORTMAN, Ms. STABENOW,
Ms. DUNN, Ms. GRANGER, Mr. SMITH of Michigan, Mrs. BIGGERT, and
Mr. LATOURETTE
MARCH 8, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 23, 1999]
A BILL
To provide for education flexibility partnerships.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Education Flexibility
Partnership Act of 1999’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States differ substantially in demographics,
in school governance, and in school finance and fund-
ing. The administrative and funding mechanisms
that help schools in 1 State improve may not prove
successful in other States.
(2) Although the Elementary and Secondary
Education Act of 1965 and other Federal education
statutes afford flexibility to State and local edu-
cational agencies in implementing Federal programs,
certain requirements of Federal education statutes or
regulations may impede local efforts to reform and
improve education.
(3) By granting waivers of certain statutory and
regulatory requirements, the Federal Government can
remove impediments for local educational agencies in
implementing education reforms and raising the
achievement levels of all children.
(4) State educational agencies are closer to local
school systems, implement statewide education re-
forms with both Federal and State funds, and are re-
sponsible for maintaining accountability for local ac-
tivities consistent with State standards and assess-
ment systems. Therefore, State educational agencies
are often in the best position to align waivers of Fed-
eral and State requirements with State and local ini-
tiatives.
(5) The Education Flexibility Partnership Dem-
onstration Act allows State educational agencies the
flexibility to waive certain Federal requirements,
along with related State requirements, but allows only
12 States to qualify for such waivers.
(6) Expansion of waiver authority will allow for
the waiver of statutory and regulatory requirements
that impede implementation of State and local edu-
cational improvement plans, or that unnecessarily
burden program administration, while maintaining
the intent and purposes of affected programs, such as
the important focus on improving math and science
performance under title II of the Elementary and
Secondary Education Act of 1965, (Dwight D. Eisen-
hower Professional Development Program), and
maintaining such fundamental requirements as those
relating to civil rights, educational equity, and ac-
countability.
(7) To achieve the State goals for the education
of children in the State, the focus must be on results
in raising the achievement of all students, not process.
SEC. 3. DEFINITIONS.
In this Act:
(1) ATTENDANCE AREA.—The term ‘‘attendance
area’’ has the meaning given the term ‘‘school attend-
ance area’’ in section 1113(a)(2)(A) of the Elemen-
tary and Secondary Education Act of 1965.
(2) ED-FLEX
PARTNERSHIP
STATE.—The term
‘‘Ed-Flex Partnership State’’ means an eligible State
designated by the Secretary under section 4(a)(1)(B).
(3) LOCAL EDUCATIONAL AGENCY; STATE EDU-
CATIONAL
AGENCY.—The terms ‘‘local educational
agency’’ and ‘‘State educational agency’’ have the
meaning given such terms in section 14101 of the Ele-
mentary and Secondary Education Act of 1965.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(5) STATE.—The term ‘‘State’’ means each of the
50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas.
SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) EDUCATION FLEXIBILITY PROGRAM.—
(1) PROGRAM AUTHORIZED.—
(A) IN
GENERAL.—The Secretary may
carry out an education flexibility program under
which the Secretary authorizes a State edu-
cational agency that serves an eligible State to
waive statutory or regulatory requirements ap-
plicable to 1 or more programs or Acts described
in subsection (b), other than requirements de-
scribed in subsection (c), for the State edu-
cational agency or any local educational agency
or school within the State.
(B) DESIGNATION.—The Secretary shall
designate each eligible State participating in the
program described in subparagraph (A) to be an
Ed-Flex Partnership State.
(2) ELIGIBLE STATE.—For the purpose of this
subsection the term ‘‘eligible State’’ means a State
that—
(A)(i) has—
(I) developed and implemented the
challenging State content standards, chal-
lenging State student performance stand-
ards, and aligned assessments described in
section 1111(b) of the Elementary and Sec-
ondary Education Act of 1965, and for
which local educational agencies in the
State are producing the individual school
performance profiles required by section
1116(a) of such Act; or
(II) developed and implemented con-
tent standards and interim assessments and
made substantial progress, as determined by
the Secretary, toward developing and imple-
menting performance standards and final
aligned assessments, and toward having
local educational agencies in the State
produce the profiles, described in subclause
(I); and
(ii) holds local educational agencies and
schools accountable for meeting the educational
goals described in the local applications submit-
ted under paragraph (4); and
(B) waives State statutory or regulatory re-
quirements relating to education while holding
local educational agencies or schools within the
State that are affected by such waivers account-
able for the performance of the students who are
affected by such waivers.
(3) STATE APPLICATION.—
(A) IN GENERAL.—Each State educational
agency desiring to participate in the education
flexibility program under this section shall sub-
mit an application to the Secretary at such time,
in such manner, and containing such informa-
tion as the Secretary may reasonably require.
Each such application shall demonstrate that the
eligible State has adopted an education flexibil-
ity plan for the State that includes—
(i) a description of the process the
State educational agency will use to evalu-
ate applications from local educational
agencies or schools requesting waivers of—
(I) Federal statutory or regu-
latory requirements as described in
paragraph (1)(A); and
(II) State statutory or regulatory
requirements relating to education;
and
(ii) a detailed description of the State
statutory and regulatory requirements relat-
ing to education that the State educational
agency will waive;
(iii) a description of specific edu-
cational objectives the State intends to meet
under such a plan;
(iv) a description of the process by
which the State will measure the progress of
local educational agencies in meeting spe-
cific 
goals 
described 
in 
subsection
(a)(4)(A)(iii); and
(v) an assurance that, not less than 30
days prior to waiving any Federal statu-
tory or regulatory requirement, or in ac-
cordance with State law, the State edu-
cational agency shall give public notice in
widely-read publications, such as large cir-
culation newspapers and community news-
papers, of its intent to grant such a waiver,
a description of the Federal statutory or
regulatory requirements that the State edu-
cational agency proposes to waive, any im-
proved performance of students that is ex-
pected to result from the waiver, and the
State official—
(I) to whom comments on the pro-
posed waiver may be sent by interested
individuals and organizations; and
(II) who will make all the com-
ments received available for review by
any member of the public.
(B) APPROVAL AND CONSIDERATIONS.—The
Secretary may approve an application described
in subparagraph (A) only if the Secretary deter-
mines that such application demonstrates sub-
stantial promise of assisting the State edu-
cational agency and affected local educational
agencies and schools within such State in carry-
ing out comprehensive education reform, after
considering—
(i) the comprehensiveness and quality
of the education flexibility plan described in
subparagraph (A);
(ii) the ability of such plan to ensure
accountability for the activities and goals
described in such plan;
(iii) the degree to which the State’s ob-
jectives 
described 
in 
subparagraph
(A)(iii)—
(I) are specific and measurable;
and
(II) measure the performance of
local educational agencies or schools
and specific groups of students affected
by waivers;
(iv) the significance of the State statu-
tory or regulatory requirements relating to
education that will be waived; and
(v) the quality of the State educational
agency’s process for approving applications
for waivers of Federal statutory or regu-
latory requirements described in paragraph
(1)(A) and for monitoring and evaluating
the results of such waivers.
(4) LOCAL APPLICATION.—
(A) IN GENERAL.—Each local educational
agency or school requesting a waiver of a Federal
statutory or regulatory requirement described in
paragraph (1)(A) and any relevant State statu-
tory or regulatory requirement from a State edu-
cational agency shall submit an application to
the State educational agency at such time, in
such manner, and containing such information
as the State educational agency may reasonably
require. Each such application shall—
(i) indicate each Federal program af-
fected and the statutory or regulatory re-
quirement that will be waived;
(ii) describe the purposes and overall
expected results of waiving each such re-
quirement;
(iii) describe, for each school year, spe-
cific, measurable, educational goals for each
local educational agency, school, or group of
students affected by the proposed waiver;
(iv) explain why the waiver will assist
the local educational agency or school in
meeting such goals; and
(v) provide an assurance that, not less
than 30 days prior to submitting the appli-
cation to the State educational agency for a
waiver under this section, or in accordance
with State law, the local educational agency
or school shall give public notice in widely-
read publications, such as large circulation
newspapers and community newspapers, of
its intent to request the waiver, a descrip-
tion of the Federal statutory or regulatory
requirements that will be waived, any im-
proved performance of students that is ex-
pected to result from the waiver, and the
name and address of the local educational
agency official—
(I) to whom comments on the pro-
posed waiver may be sent by interested
individuals and organizations; and
(II) who will make all the com-
ments received available for review by
any member of the public.
(B) EVALUATION
OF
APPLICATIONS.—A
State educational agency shall evaluate an ap-
plication submitted under subparagraph (A) in
accordance with the State’s education flexibility
plan described in paragraph (3)(A).
(C) APPROVAL.—A State educational agen-
cy shall not approve an application for a waiver
under this paragraph unless—
(i) the local educational agency or
school requesting such waiver has developed
a local reform plan that is applicable to
such agency or school, respectively; and
(A) IN GENERAL.—Each State educational
agency participating in the program under this
section shall annually monitor the activities of
local educational agencies and schools receiving
waivers under this section and shall submit an
annual report regarding such monitoring to the
Secretary.
(B) PERFORMANCE DATA.—Not later than 2
years after a State is designated as an Ed-Flex
Partnership State, each such State shall include
performance data demonstrating the degree to
which progress has been made toward meeting
the objectives outlined in paragraph (3)(A)(iii).
(6) DURATION OF FEDERAL WAIVERS.—
(A) IN GENERAL.—The Secretary shall not
approve the application of a State educational
agency under paragraph (3) for a period exceed-
ing 5 years, except that the Secretary may ex-
tend such period if the Secretary determines that
such agency’s authority to grant waivers has
been effective in enabling such State or affected
local educational agencies or schools to carry out
their local reform plans.
(B) PERFORMANCE
REVIEW.—Three years
after a State is designated an Ed-Flex Partner-
ship State, the Secretary shall—
(i) review the performance of any State
educational agency in such State that
grants waivers of Federal statutory or regu-
latory requirements described in paragraph
(1)(A); and
(ii) terminate such agency’s authority
to grant such waivers if the Secretary deter-
mines, after notice and opportunity for a
hearing, that such agency has failed to
make measurable progress in meeting the
objectives outlined in paragraph (3)(A)(iii)
to justify continuation of such authority.
(7) AUTHORITY TO ISSUE WAIVERS.—Notwith-
standing any other provision of law, the Secretary is
authorized to carry out the education flexibility pro-
gram under this subsection for each of the fiscal years
1999 through 2004.
(b) INCLUDED PROGRAMS.—The statutory or regu-
latory requirements referred to in subsection (a)(1)(A) are
any such requirements under the following programs or
Acts:
(1) Title I of the Elementary and Secondary
Education Act of 1965.
(2) Part B of title II of the Elementary and Sec-
ondary Education Act of 1965.
(3) Subpart 2 of part A of title III of the Ele-
mentary and Secondary Education Act of 1965 (other
than section 3136 of such Act).
(4) Title IV of the Elementary and Secondary
Education Act of 1965.
(5) Title VI of the Elementary and Secondary
Education Act of 1965.
(6) Part C of title VII of the Elementary and
Secondary Education Act of 1965.
(7) The Carl D. Perkins Vocational and Tech-
nical Education Act of 1998.
(c) WAIVERS NOT AUTHORIZED.—The Secretary may
not waive any statutory or regulatory requirement of the
programs or Acts authorized to be waived under subsection
(a)(1)(A)—
(1) relating to—
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students
and professional staff in private schools;
(D) parental participation and involve-
ment;
(E) the distribution of funds to States or to
local educational agencies;
(F) the selection of schools to participate in
part A of title I of the Elementary and Second-
ary Education Act of 1965, except that a State
educational agency may grant waivers to allow
schools to participate in part A of title I of such
Act if the percentage of children from low-income
families in the attendance area of such school or
who actually attend such school is within 5 per-
centage points of the lowest percentage of such
children for any school in the local educational
agency that meets the requirements of section
1113 of the Act;
(G) use of Federal funds to supplement, not
supplant, non-Federal funds; and
(H) applicable civil rights requirements;
and
(2) unless the underlying purposes of the statu-
tory requirements of each program or Act for which
a waiver is granted continue to be met to the satisfac-
tion of the Secretary.
(d) APPLICATION.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), this Act shall not apply to a
State educational agency that has been granted waiv-
er authority under the following provisions of law:
(A) Section 311(e) of the Goals 2000: Edu-
cate America Act.
(B) The proviso referring to such section
311(e) under the heading ‘‘EDUCATION REFORM’’
in the Department of Education Appropriations
Act, 1996 (Public Law 104–134; 110 Stat. 1321–
229).
(2) EXCEPTION.—If a State educational agency
that has been granted waiver authority, pursuant to
paragraph (1)(A) or (B), applies to the Secretary to
extend such authority, the provisions of this Act, ex-
cept subsection (e)(1), shall apply to such agency.
(3) EFFECTIVE
DATE
FOR
EXISTING
ED-FLEX
PROGRAMS.—This Act shall apply to a State edu-
cational agency described in paragraph (2) beginning
on the date that such an extension is granted.
(e) ACCOUNTABILITY.—
(1) EVALUATION
FOR
ED-FLEX
PARTNERSHIP
STATES.—In deciding whether to extend a request for
a State educational agency’s authority to issue waiv-
ers under this section, the Secretary shall review the
progress of the State educational agency to determine
if such agency—
(A) makes measurable progress toward
achieving the objectives described in the applica-
tion 
submitted 
pursuant 
to 
subsection
(a)(3)(A)(iii); and
(B) demonstrates that local educational
agencies or schools affected by such waiver or au-
thority have made measurable progress toward
achieving the desired results described in the ap-
plication submitted pursuant to subsection
(a)(4)(A)(iii).
(2) EVALUATION FOR EXISTING ED-FLEX PRO-
GRAMS.—In deciding whether to extend a request for
a State educational agency described in subsection
(d)(2) to issue waivers under this section, the Sec-
retary shall review the progress of the agency in
achieving the objectives set forth in the application
submitted pursuant to subsection (a)(2)(B)(iii) of the
Goals 2000: Educate America Act.
(f) PUBLICATION.—A notice of the Secretary’s decision
to authorize State educational agencies to issue waivers
under this section shall be published in the Federal Register
and the Secretary shall provide for the dissemination of
such notice to State educational agencies, interested parties,
including educators, parents, students, advocacy and civil
rights organizations, other interested parties, and the pub-
lic.
(g) EFFECTIVE DATE.—This Act shall be effective dur-
ing the period beginning on the date of the enactment of
this Act and ending on the date of the enactment of an Act
(enacted after the date of the enactment of this Act) that
reauthorizes the Elementary and Secondary Education Act
of 1965 in its entirety.
Union Calendar No. 26
106TH CONGRESS
1ST SESSION
H. R. 800
[Report No. 106–43]
A BILL
To provide for education flexibility partnerships.
MARCH 8, 1999
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed