H. R. 800—2
Secondary Education Act of 1965 (Dwight D. Eisenhower Profes-
sional Development Program), and maintaining such funda-
mental requirements as those relating to civil rights, edu-
cational equity, and accountability.
(7) To achieve the State goals for the education of children
in the State, the focus must be on results in raising the achieve-
ment of all students, not process.
SEC. 3. DEFINITIONS.
In this Act:
(1) LOCAL
EDUCATIONAL
AGENCY; 
STATE
EDUCATIONAL
AGENCY; 
OUTLYING
AREA.—The 
terms 
‘‘local 
educational
agency’’, ‘‘State educational agency’’, and ‘‘outlying area’’ have
the meanings given the terms in section 14101 of the
Elementary and Secondary Education Act of 1965.
(2) ELIGIBLE SCHOOL ATTENDANCE AREA; SCHOOL ATTEND-
ANCE AREA.—The terms ‘‘eligible school attendance area’’ and
‘‘school attendance area’’ have the meanings given the terms
in section 1113(a)(2) of the Elementary and Secondary Edu-
cation Act of 1965.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
(4) STATE.—The term ‘‘State’’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
and each outlying area.
SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) EDUCATIONAL FLEXIBILITY PROGRAM.—
(1) PROGRAM AUTHORIZED.—
(A) IN
GENERAL.—The Secretary may carry out an
educational flexibility program under which the Secretary
authorizes a State educational agency that serves an
eligible State to waive statutory or regulatory requirements
applicable to one or more programs described in subsection
(b), other than requirements described in subsection (c),
for any local educational agency or school within the State.
(B) DESIGNATION.—Each eligible State participating in
the program described in subparagraph (A) shall be known
as an ‘‘Ed-Flex Partnership State’’.
(2) ELIGIBLE STATE.—For the purpose of this section the
term ‘‘eligible State’’ means a State that—
(A) has—
(i) developed and implemented the challenging
State content standards, challenging State student
performance standards, and aligned assessments
described in section 1111(b) of the Elementary and
Secondary Education Act of 1965, and for which local
educational agencies in the State are producing the
individual school performance profiles required by sec-
tion 1116(a)(3) of such Act; or
(ii)(I) developed and implemented the content
standards described in clause (i);
(II) developed and implemented interim assess-
ments; and
(III) made substantial progress (as determined by
the Secretary) toward developing and implementing
the performance standards and final aligned assess-
ments described in clause (i), and toward having local
H. R. 800—3
educational agencies in the State produce the profiles
described in clause (i);
(B) holds local educational agencies and schools
accountable for meeting the educational goals described
in the local applications submitted under paragraph (4)
and for engaging in technical assistance and corrective
actions consistent with section 1116 of the Elementary
and Secondary Education Act of 1965, for the local edu-
cational agencies and schools that do not make adequate
yearly progress as described in section 1111(b)(2) of such
Act; and
(C) waives State statutory or regulatory requirements
relating to education while holding local educational agen-
cies or schools within the State that are affected by such
waivers accountable 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 educational flexibility program
under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such
information as the Secretary may reasonably require. Each
such application shall demonstrate that the eligible State
has adopted an educational flexibility plan for the State
that includes—
(i) a description of the process the State edu-
cational agency will use to evaluate applications from
local educational agencies or schools requesting
waivers of—
(I) Federal statutory or regulatory require-
ments as described in paragraph (1)(A); and
(II) State statutory or regulatory requirements
relating to education;
(ii) a detailed description of the State statutory
and regulatory requirements relating to education that
the State educational agency will waive;
(iii) a description of clear educational objectives
the State intends to meet under the educational flexi-
bility plan;
(iv) a description of how the educational flexibility
plan is consistent with and will assist in implementing
the State comprehensive reform plan or, if a State
does not have a comprehensive reform plan, a descrip-
tion of how the educational flexibility plan is coordi-
nated with activities described in section 1111(b) of
the Elementary and Secondary Education Act of 1965;
(v) a description of how the State educational
agency will evaluate, (consistent with the requirements
of title I of the Elementary and Secondary Education
Act of 1965), the performance of students in the schools
and local educational agencies affected by the waivers;
and
(vi) a description of how the State educational
agency will meet the requirements of paragraph (8).
(B) APPROVAL
AND
CONSIDERATIONS.—The Secretary
may approve an application described in subparagraph (A)
H. R. 800—4
only if the Secretary determines that such application dem-
onstrates substantial promise of assisting the State edu-
cational agency and affected local educational agencies and
schools within the State in carrying out comprehensive
educational reform, after considering—
(i) the eligibility of the State as described in para-
graph (2);
(ii) the comprehensiveness and quality of the
educational flexibility plan described in subparagraph
(A);
(iii) the ability of the educational flexibility plan
to ensure accountability for the activities and goals
described in such plan;
(iv) the degree to which the State’s objectives
described in subparagraph (A)(iii)—
(I) are clear and have the ability to be
assessed; and
(II) take into account the performance of local
educational agencies or schools, and students,
particularly those affected by waivers;
(v) the significance of the State statutory or
regulatory requirements relating to education that will
be waived; and
(vi) the quality of the State educational agency’s
process for approving applications for waivers of Fed-
eral statutory or regulatory requirements as 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 regu-
latory requirement as described in paragraph (1)(A) and
any relevant State statutory or regulatory requirement
from a State educational agency shall submit an application
to the State educational agency at such time, in such
manner, and containing such information as the State edu-
cational agency may reasonably require. Each such applica-
tion shall—
(i) indicate each Federal program affected and each
statutory or regulatory requirement that will be
waived;
(ii) describe the purposes and overall expected
results of waiving each such requirement;
(iii) describe, for each school year, specific, measur-
able, educational goals for each local educational
agency or school affected by the proposed waiver, and
for the students served by the local educational agency
or school who are affected by the waiver;
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals;
and
(v) in the case of an application from a local
educational agency, describe how the local educational
agency will meet the requirements of paragraph (8).
(B) 
EVALUATION
OF
APPLICATIONS.—A 
State
educational agency shall evaluate an application submitted
H. R. 800—5
under subparagraph (A) in accordance with the State’s
educational flexibility plan described in paragraph (3)(A).
(C) APPROVAL.—A State educational agency 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;
(ii) the waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A) will
assist the local educational agency or school in reaching
its educational goals, particularly goals with respect
to school and student performance; and
(iii) the State educational agency is satisfied that
the underlying purposes of the statutory requirements
of each program for which a waiver is granted will
continue to be met.
(D) TERMINATION.—The State educational agency shall
annually review the performance of any local educational
agency or school granted a waiver of Federal statutory
or regulatory requirements as described in paragraph (1)(A)
in accordance with the evaluation requirement described
in paragraph (3)(A)(v), and shall terminate any waiver
granted to the local educational agency or school if the
State educational agency determines, after notice and an
opportunity for a hearing, that the local educational agency
or school’s performance with respect to meeting the
accountability requirement described in paragraph (2)(C)
and the goals described in paragraph (4)(A)(iii)—
(i) has been inadequate to justify continuation of
such waiver; or
(ii) has decreased for two consecutive years, unless
the State educational agency determines that the
decrease in performance was justified due to excep-
tional or uncontrollable circumstances.
(5) OVERSIGHT AND REPORTING.—
(A) 
OVERSIGHT.—Each 
State 
educational 
agency
participating in the educational flexibility program under
this section shall annually monitor the activities of local
educational agencies and schools receiving waivers under
this section.
(B) STATE REPORTS.—
(i) ANNUAL
REPORTS.—The State educational
agency shall submit to the Secretary an annual report
on the results of such oversight and the impact of
the waivers on school and student performance.
(ii) PERFORMANCE DATA.—Not later than 2 years
after the date a State is designated an Ed-Flex Partner-
ship State, each such State shall include, as part of
the State’s annual report submitted under clause (i),
data demonstrating the degree to which progress has
been made toward meeting the State’s educational
objectives. The data, when applicable, shall include—
(I) information on the total number of waivers
granted for Federal and State statutory and regu-
latory requirements under this section, including
H. R. 800—6
the number of waivers granted for each type of
waiver;
(II) information describing the effect of the
waivers on the implementation of State and local
educational reforms pertaining to school and stu-
dent performance;
(III) information describing the relationship
of the waivers to the performance of schools and
students affected by the waivers; and
(IV) an assurance from State program man-
agers that the data reported under this section
are reliable, complete, and accurate, as defined
by the State, or a description of a plan for
improving 
the 
reliability, 
completeness, 
and
accuracy of such data as defined by the State.
(C) SECRETARY’S REPORTS.—The Secretary, not later
than 2 years after the date of the enactment of this Act
and annually thereafter, shall—
(i) make each State report submitted under
subparagraph (B) available to Congress and the public;
and
(ii) submit to Congress a report that summarizes
the State reports and describes the effects that the
educational flexibility program under this section had
on the implementation of State and local educational
reforms and on the performance of students affected
by the waivers.
(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 exceeding 5 years, except that the Secretary
may extend such period if the Secretary determines that
such agency’s authority to grant waivers—
(i) has been effective in enabling such State or
affected local educational agencies or schools to carry
out their State or local reform plans and to continue
to meet the accountability requirement described in
paragraph (2)(C); and
(ii) has improved student performance.
(B) PERFORMANCE REVIEW.—Three years after the date
a State is designated an Ed-Flex Partnership State, the
Secretary shall review the performance of the State edu-
cational agency in granting waivers of Federal statutory
or regulatory requirements as described in paragraph (1)(A)
and shall terminate such agency’s authority to grant such
waivers if the Secretary determines, after notice and an
opportunity for a hearing, that such agency’s performance
(including performance with respect to meeting the objec-
tives described in paragraph (3)(A)(iii)) has been inadequate
to justify continuation of such authority.
(C) RENEWAL.—In deciding whether to extend a request
for a State educational agency’s authority to issue waivers
under this section, the Secretary shall review the progress
of the State educational agency to determine if the State
educational agency—
H. R. 800—7
(i) has made progress toward achieving the
objectives described in the application submitted
pursuant to paragraph (3)(A)(iii); and
(ii) demonstrates in the request that local edu-
cational agencies or schools affected by the waiver
authority or waivers have made progress toward
achieving the desired results described in the applica-
tion submitted pursuant to paragraph (4)(A)(iii).
(7) AUTHORITY TO ISSUE WAIVERS.—Notwithstanding any
other provision of law, the Secretary is authorized to carry
out the educational flexibility program under this section for
each of the fiscal years 1999 through 2004.
(8) PUBLIC NOTICE AND COMMENT.—Each State educational
agency seeking waiver authority under this section and each
local educational agency seeking a waiver under this section—
(A) shall provide the public with adequate and efficient
notice of the proposed waiver authority or waiver, con-
sisting of a description of the agency’s application for the
proposed waiver authority or waiver in a widely read or
distributed medium, including a description of any
improved student performance that is expected to result
from the waiver authority or waiver;
(B) shall provide the opportunity for parents, edu-
cators, and all other interested members of the community
to comment regarding the proposed waiver authority or
waiver;
(C) shall provide the opportunity described in subpara-
graph (B) in accordance with any applicable State law
specifying how the comments may be received, and how
the comments may be reviewed by any member of the
public; and
(D) shall submit the comments received with the
agency’s application to the Secretary or the State edu-
cational agency, as appropriate.
(b) INCLUDED PROGRAMS.—The statutory or regulatory require-
ments referred to in subsection (a)(1)(A) are any such requirements
for programs carried out under the following provisions:
(1) Title I of the Elementary and Secondary Education
Act of 1965 (other than subsections (a) and (c) of section 1116
of such Act).
(2) Part B of title II of the Elementary and Secondary
Education Act of 1965.
(3) Subpart 2 of part A of title III of the Elementary
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 Technical Education
Act of 1998.
(c) WAIVERS NOT AUTHORIZED.—The Secretary and the State
educational agency may not waive under subsection (a)(1)(A) any
statutory or regulatory requirement—
(1) relating to—
H. R. 800—8
(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and professional
staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to local edu-
cational agencies;
(F) serving eligible school attendance areas in rank
order under section 1113(a)(3) of the Elementary and
Secondary Education Act of 1965;
(G) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113 of the
Elementary and Secondary Education Act of 1965, except
that a State educational agency may grant a waiver to
allow a school attendance area or school to participate
in activities under part A of title I of such Act if the
percentage of children from low-income families in the
school attendance area of such school or who attend such
school is not less than 10 percentage points below the
lowest percentage of such children for any school attend-
ance area or school of the local educational agency that
meets the requirements of such subsections (a) and (b);
(H) use of Federal funds to supplement, not supplant,
non-Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory require-
ments of the program for which a waiver is granted continue
to be met to the satisfaction of the Secretary.
(d) TREATMENT OF EXISTING ED-FLEX PARTNERSHIP STATES.—
(1) IN
GENERAL.—Except as provided in paragraphs (3)
and (4), this section shall not apply to a State educational
agency that has been granted waiver authority under the provi-
sions of law described in paragraph (2) for the duration of
the waiver authority.
(2) APPLICABLE PROVISIONS.—The provisions of law referred
to in paragraph (1) are as follows:
(A) Section 311(e) of the Goals 2000: Educate 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).
(3) SPECIAL RULE.—If a State educational agency granted
waiver authority pursuant to the provisions of law described
in subparagraph (A) or (B) of paragraph (2) applies to the
Secretary for waiver authority under this section—
(A) the Secretary shall review the progress of the State
educational agency in achieving the objectives set forth
in the application submitted pursuant to section 311(e)
of the Goals 2000: Educate America Act; and
(B) the Secretary shall administer the waiver authority
granted under this section in accordance with the require-
ments of this section.
(4) TECHNOLOGY.—In the case of a State educational agency
granted waiver authority under the provisions of law described
in subparagraph (A) or (B) of paragraph (2), the Secretary
shall permit a State educational agency to expand, on or after
H. R. 800—9
the date of the enactment of this Act, the waiver authority
to include programs under subpart 2 of part A of title III
of the Elementary and Secondary Education Act of 1965 (other
than section 3136 of such Act).
(e) PUBLICATION.—A notice of the Secretary’s decision to
authorize State educational agencies to issue waivers under this
section, including a description of the rationale the Secretary used
to approve applications under subsection (a)(3)(B), shall be pub-
lished 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, and
advocacy and civil rights organizations), and the public.
SEC. 5. FLEXIBILITY TO DESIGN CLASS SIZE REDUCTION PROGRAMS.
Section 307 of the Department of Education Appropriations
Act, 1999, is amended—
(1) in subsection (b)(2), by inserting ‘‘(except as provided
in subsection (c)(2)(D))’’ before the period; and
(2) in subsection (c)(2), by adding at the end the following:
‘‘(D) If a local educational agency has already reduced
class size in the early grades to 18 or fewer children and
intends to use funds provided under this section to carry out
professional development activities, including activities to
improve teacher quality, then the State shall make the award
under subsection (b) to the local educational agency without
requiring the formation of a consortium.’’.
SEC. 6. ALTERNATIVE EDUCATIONAL SETTING.
(a) IN GENERAL.—Section 615(k)(1)(A)(ii)(I) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)(I)) is
amended to read as follows:
‘‘(I) the child carries or possesses a weapon
to or at school, on school premises, or to or at
a school function under the jurisdiction of a State
or a local educational agency; or’’.
(b) APPLICATION.—The amendment made by subsection (a) shall
apply to conduct occurring not earlier than the date of the enact-
ment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.