made available each year to carry out this title if the
additional amount reserved is used exclusively for
voluntary public and private parental choice pro-
grams.’’.
SEC. 4. USES OF FUNDS.
(a) STATE USES OF FUNDS.—Section 6201(a)(1) of
the Elementary and Secondary Education Act of 1965 is
amended—
(1) in subparagraph (C), by striking ‘‘and’’
after the semicolon;
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) establishing voluntary public and pri-
vate parental choice programs in accordance
with section 6301(b)(9); and’’.
(b) LOCAL USES OF FUNDS.—Section 6301(b) of the
Elementary and Secondary Education Act of 1965 is
amended—
(1) in paragraph (7), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (8), by striking the period and
inserting ‘‘; and’’; and
(3) by inserting after paragraph (8) the follow-
ing:
‘‘(9) voluntary public and private parental
choice programs that—
‘‘(A) are located in an area that has the
greatest numbers or percentages of children—
‘‘(i) living in areas with a high con-
centration of low-income families;
‘‘(ii) from low-income families; or
‘‘(iii) living in sparsely populated
areas;
‘‘(B) ensure that participation in such a
voluntary public and private parental choice
program is limited to families whose family in-
come does not exceed 185 percent of the pov-
erty line;
‘‘(C) ensure that—
‘‘(i) the maximum amount of a vol-
untary public and private parental choice
scholarship does not exceed the per pupil
expenditure of the local educational agency
in which an applicant for a voluntary pub-
lic and private parental choice scholarship
resides;
‘‘(ii) the minimum amount of a vol-
untary public and private parental choice
scholarship is not less than 60 percent of
the per pupil expenditure of the local edu-
cational agency in which an applicant for
a voluntary public and private parental
choice scholarship resides or the cost of
tuition at a private school, whichever is
less;
‘‘(D) ensure that for a private school,
which may include a religiously affiliated school,
choosing to participate in a voluntary public
and private parental choice program—
‘‘(i) such a school is permitted to im-
pose the same academic requirements for
all students, including students selected for
a scholarship as provided under this para-
graph;
‘‘(ii) receipt of funds under this title
is not conditioned with requirements or
regulations that preclude the use of such
funds for sectarian educational purposes or
require removal of religious art, icons,
scripture, or other symbols; and
‘‘(iii) such a school is in compliance
with all State requirements applicable to
the operation of a private school that are
in effect in the year preceding the date of
the enactment of the Helping Empower
Low-income Parents (HELP) Scholarships
Amendments of 1997;
‘‘(E) may allow State, local, and private
funds to be used for voluntary public and pri-
vate parental choice programs; and
‘‘(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary
public and private parental choice school begins
operation.’’.
SEC. 5. EDUCATION FLEXIBILITY.
Part C of title VI of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end
the following:
‘‘SEC. 6304. EDUCATION FLEXIBILITY.
‘‘(a) IN GENERAL.—A local educational agency that
establishes a voluntary public and private parental choice
program in accordance with section 6301(b)(9) is eligible
to apply for an education flexibility waiver of certain Fed-
eral statutory or regulatory requirements if such agency
complies with the requirements of subsection (b).
‘‘(b) APPLICATION.—The requirements referred to in
subsection (a) are as follows:
‘‘(1) IN GENERAL.—Submission of an applica-
tion, approved by the State educational agency, to
the Secretary that—
‘‘(A) identifies the State statutory and reg-
ulatory requirements sought to be waived;
‘‘(B) identifies the Federal statutory and
regulatory requirements sought to be waived;
‘‘(C) includes a statement of justification
for waiving such requirements;
‘‘(D) describes the goals and performance
criteria that will be used to determine the effec-
tiveness of waiving such requirements;
‘‘(E) certifies that the information in the
application has been submitted to the units of
local governments in which such local edu-
cational agency is located, the State legislature,
and the Governor encouraging such entities to
comment for a period of not less than 60 days;
and
‘‘(F) includes any comments received pur-
suant to subparagraph (E);
‘‘(2) STATE WAIVERS.—A statement from the
State educational agency that describes the action
the agency has undertaken or will undertake, not
later than 90 days after notification from the Sec-