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103D CONGRESS
1ST SESSION
H. R. 453
To establish a national demonstration program providing increased flexibility
for schools in order to promote improved educational achievement for
all students.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1993
Mr. DEFAZIO (for himself, Mr. WYDEN, Mr. KOPETSKI, and Ms. FURSE) in-
troduced the following bill; which was referred to the Committee on
Education and Labor
A BILL
To establish a national demonstration program providing in-
creased flexibility for schools in order to promote im-
proved educational achievement for all students.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Educational Reform and Flexibility Act of 1993’’ or
‘‘Ed-Flex’’.
SEC. 2. STATEMENT OF FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
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(1) historically, Federal education programs
have addressed the Nation’s most pressing edu-
cational problems by providing categorical assistance
with detailed requirements relating to the use of
funds;
(2) while the approach described in paragraph
(1) has proven generally successful, some program
requirements may inadvertently impede educational
achievement;
(3) the Nation’s schools and teachers are being
asked to deal effectively with increasingly diverse
educational needs that current program structures
may not be flexible enough to address;
(4) Federal mandates often limit teachers’ abil-
ity to respond to individual student needs; and
(5) in order for this Nation to effectively com-
pete in the global economy, it is crucial for the Fed-
eral Government to support programs that—
(A) result in improved educational achieve-
ment by all students;
(B) promote the coordination of education
and related services that benefit and support
children and their families;
(C) enable teachers and schools to respond
to the needs of a diverse student population;
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(D) provide flexibility to teachers and
schools by eliminating unnecessary regulation;
and
(E) place an emphasis on program results
rather than on tracking resources.
(b) PURPOSE.—It is the purpose of this title to estab-
lish a national demonstration program which—
(1) promotes improved educational achievement
for all students, especially those in affected pro-
grams, through education reform;
(2) provides increased flexibility for schools and
other recipients in the use of Federal resources, in
exchange for greater accountability for achieving im-
proved educational performance;
(3) encourages collaboration among school and
program administrators, teachers, parents, local
agencies, community groups, and business leaders to
develop more effective educational programs that
meet the needs of all students, especially the dis-
advantaged, and those served by the affected pro-
grams.
SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION
AND RELATED SERVICES.
(a) IN GENERAL.—Subpart 1 of Part C of the Gen-
eral Education Provisions Act (20 U.S.C. 1221 et seq.)
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is amended by adding after section 421A a new section
421B to read as follows:
‘‘FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND
RELATED SERVICES
‘‘SEC. 421B. (a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—(A) The Secretary shall, in
accordance with this section, assist elementary and
secondary schools and other service providers to im-
prove the achievement of all students and other par-
ticipants, but particularly disadvantaged individuals,
by authorizing waivers to not more than six States,
which have implemented comprehensive regulatory
reform plans, and no more than fifty local edu-
cational agencies in each State.’’
‘‘(B)(i) In support of these projects, the Sec-
retary is authorized to waive any statutory or regu-
latory requirement (except as provided in subsection
(e) applicable to a program described in clause (ii)
that the Secretary determines may impede the abil-
ity of a school or other service provider to meet the
special needs of such students and other individuals
in the most effective manner possible. The head of
any other Federal agency in accordance with the
programs described in clause (ii) is similarly author-
ized to waive such requirements applicable to an ele-
mentary, secondary, or youth vocational training
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program administered by such agency if the agency
head the Secretary agree that such a waiver would
promote the purpose of this section.
‘‘(ii) The Secretary shall only waive a statutory
or regulatory requirement applicable to a program
under—
‘‘(I) chapter 1 of title I of the Elementary
and Secondary Education Act of 1965;
‘‘(II) chapter 2 of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(III) the Dwight D. Eisenhower Mathe-
matics and Science Education Act;
‘‘(IV) the Follow Through Act;
‘‘(V) subtitle B of the title VII of the
Stewart B. McKinney Homeless Assistance Act;
and
‘‘(VI) the Carl D. Perkins Vocational and
Applied Technology Education Act, except part
H of title III and funds allocated by States
under section 232 of such Act.
‘‘(2) PROJECT DURATION.—Projects conducted
under this section, and any waivers associated with
such projects, shall last no longer than three years,
except that the Secretary may extend a project and
any associated waivers for an additional two years if
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the Secretary determines that the project is making
substantial progress in meeting its goals.
‘‘(3) TERMINATION.—The Secretary shall ter-
minate a project and its associated waivers if the
Secretary, at any time, determines it is not making
acceptable progress toward meeting its goals. The
head of any other Federal agency who has granted
waivers under this section shall determine whether
to extend or terminate those waivers, but the Sec-
retary shall have exclusive authority to extend or
terminate the project.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—Each project that involves
elementary of secondary schools shall include the
participation of a local educational agency and at
least two schools.
‘‘(2) GRADE AND PROGRAM REQUIREMENT.—
To the extent possible, each grade and academic
program in a participating school shall participate in
the project.
‘‘(c) APPLICATIONS.—A local educational agency,
wishing to conduct a project under this section, shall sub-
mit an application to the State educational agency for ap-
proval. The State educational agency shall then transmit
approved applications to the Secretary. Each application
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shall be submitted within two years of enactment and in-
clude a plan that—
‘‘(1) describes the purposes and overall expected
outcomes of the project;
‘‘(2) identifies, for each school or site partici-
pating in the project, those impediments to improved
educational outcomes that would be removed by the
proposed waivers;
‘‘(3) identifies the Federal programs to be in-
cluded in the project, the Federal statutory or regu-
latory requirements to be waived, and the purpose
and duration of the requested waivers;
‘‘(4) describes the State and local requirements
that will be waived, the purpose of such waivers,
and, if such requirements will not have been waived
before the project begins, when those waivers will be
obtained and take effect;
‘‘(5) demonstrates the State has been made an
effort to waive substantial requirements pertaining
to the local educational agency;
‘‘(6) describes specific, measurable, educational
improvement goals for each school or other site in
the project and for each school year of the project,
including—
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‘‘(A) goals for improving the achievement
of all participants, including disadvantaged in-
dividuals, with respect to achievement in basic
and advanced skills;
‘‘(B) goals that reflect the broad purposes
of each program for which a waiver is sought;
and
‘‘(C) an explanation of how the applicant
will measure progress in meeting the goals set
for each school or site in the project for dis-
advantaged individuals participating in the
project;
‘‘(7) incorporates the comments of the Gov-
ernor; and
‘‘(8) for projects involving elementary or sec-
ondary schools—
‘‘(A) identifies the schools to be included in
the project and describes the student population
at each school, including—
‘‘(i) 
current 
data 
regarding 
the
achievement of the disadvantaged students
as well as other students; and
‘‘(ii) the number of students who—
‘‘(I) are of limited English pro-
ficiency 
as 
defined 
in 
section
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7003(a)(1) of the Bilingual Education
Act;
‘‘(II) are children with disabil-
ities, as defined in section 602(a)(1)
of the Individuals with Disabilities
Education Act;
‘‘(III) are currently or formerly
migratory;
‘‘(IV) are educationally deprived,
for the purposes of chapter 1 of title
I of the Elementary and Secondary
Education Act of 1965; and
‘‘(V) are eligible for a free or re-
duced price school lunch;
‘‘(B) describes specific goals for enhancing
coordination between the regular education pro-
gram available to all students and the programs
serving disadvantaged students;
‘‘(C) if fewer than all the schools in a local
educational agency will participate in a project,
describes the expected educational outcomes for
disadvantaged students in schools that do not
participate, and how those outcome will be as-
sessed;
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‘‘(D) describes how school administrators,
teachers, staff, and parents (including parents
of educationally disadvantaged children) have
been or will be, involved in the planning, devel-
opment, and implementation of the goals and
program for each participating school; and
‘‘(E) contains goals for students targeted
by the programs described in clause (ii) of sec-
tion 421B(a) (1)(B) which are comparable to or
exceed existing goals under such programs.
‘‘(d) APPROVAL OF PROJECTS.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove applications from no more than six States
which have implemented comprehensive regulatory
reform, and no more than fifty local educational
agencies in each State, after considering—
‘‘(A) the comprehensiveness of the project,
including the types of students, schools, pro-
grams, and activities to be included;
‘‘(B) the extent to which the provisions for
which waivers are sought impede educational
improvement;
‘‘(C) the State and local requirements that
will be waived for the project;
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‘‘(D) the significance and feasibility of the
proposed project’s goals for each participating
school or site;
‘‘(E) the quality of the plan for ensuring
accountability for the proposed plan’s activities
and goals; and
‘‘(F) the comments of the Governors.
‘‘(2) CONSULTATION.—The Secretary shall con-
sult with the heads of other appropriate Federal
agencies, if any, in determining whether to approve
a project. Each such agency head shall notify the
Secretary of any waivers granted by such agency
head as part of such project.
‘‘(3) DISTRIBUTION OF PROJECTS.—The Sec-
retary shall ensure that, to the extent feasible,
projects assisted under this section are geographi-
cally distributed, and equitably distributed among
urban, suburban, and rural areas, as well as large
and small schools.
‘‘(e) ALLOCATION OF FEDERAL FUNDS; RESTRIC-
TION ON WAIVERS.—
‘‘(1) ALLOCATION OF FEDERAL FUNDS.—Fed-
eral funds under any program that are used to sup-
port a project under this section shall be allocated
to local educational agencies and other recipients
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within the local educational agency in accordance
with the statutory and regulatory requirements that
govern the operation of that program, except that,
for the purpose of such a project, the Secretary (or
the head of any other Federal agency) may extend
the duration of, and provide continuation funding to,
a project chosen on a competitive basis that a par-
ticipating agency is conducting.
‘‘(2) RESTRICTION ON WAIVERS.—Neither the
Secretary nor the head of any other Federal agency
shall waive under this section any statutory or regu-
latory requirement in awarding a grant after the
date of enactment to a service provider within the
local educational agency or other applicant partici-
pating in a project under this section.
‘‘(3) SPECIAL
RULE.—Neither the Secretary
nor, where applicable, the head of any other Federal
agency shall waive under this section any statutory
or regulatory requirement—
‘‘(A) under section 438 and 439 of the
General Education Provisions Act;
‘‘(B) under title VI of the Civil Rights Act
of 1964, section 504 of the Rehabilitation Act
of 1973, title IX of the Education Amendments
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of 1972, or title II of the Americans with Dis-
abilities Act;
‘‘(C) under the Individuals with Disabil-
ities Education Act; or
‘‘(D) relating to—
‘‘(i) supplement not supplant existing
funds;
‘‘(ii) maintenance of effort;
‘‘(iii) comparability; or
‘‘(iv) the equitable participation of
students attending private schools.
‘‘(f) REPORTS AND EVALUATIONS.—
‘‘(1) PROJECT
REPORTS.—Each project shall
submit, not later than ninety days after the end of
each year of the project, an annual report to the
Secretary that—
‘‘(A) summarizes the principal activities of
the project;
‘‘(B) contains school-by-school and other
data, as described in the project plan, that show
the extent to which the project is meeting its
overall goals, including its goals for improving
the achievement of all participants, particularly
disadvantaged individuals, with respect to
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achievement in basic and advanced skills, and is
meeting the goals for each school or other site;
‘‘(C) describes the impact of the project on
disadvantaged children in schools, if any, that
are not participating in the demonstration;
‘‘(D) describes the effectiveness of efforts
to coordinate programs and services for chil-
dren and their families as appropriate; and
‘‘(E) provides information on or com-
parable data regarding the programs described
in clause (ii) of section 428B(a)(1)(B) of
achievement levels of students served pursuant
to such programs previously demonstrated over
the preceding three years compared with chil-
dren or students served under this title.
‘‘(2) SECRETARY’S
REPORT.—The Secretary
shall submit a report to the Congress every two
years that summarizes and analyzes the project re-
ports required by paragraph (1).
‘‘(3) EVALUATION REPORTS.—At the end of the
six year period described in this section, and at such
interim points as the Secretary deems appropriate,
the Secretary shall provide to Congress an independ-
ent evaluation of the projects assisted under this
title, as well as an evaluation of the program as-
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sisted under this section by the Department of Edu-
cation and other affected Federal agencies. Such re-
ports may include recommendations for amendments
to program statutes that are based on the experience
of projects that successfully raise educational
achievement by eliminating or modifying statutory
or regulatory provisions that impede educational im-
provement.
‘‘(g) DEFINITION.—For the purpose of this section,
the term disadvantaged students’ includes students of lim-
ited english proficiency, children with disabilities, students
who are currently or formerly migratory, and students
who are educationally deprived.
‘‘(h) BUDGET NEUTRALITY.—The authority provided
by this section shall not be exercised in a manner that,
for any fiscal year, increases total obligations or outlays
of discretionary appropriations for programs subject to
such authority, or that increases total obligations or out-
lays of funding for all direct-spending programs subject
to such authority over those that would have occurred ab-
sent such authority.’’.
(b) SUNSET PROVISION.—The amendment made by
subsection (a) shall be effective during the six year period
beginning on the date of enactment of this Act.
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