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(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 Sec-
ondary 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 percentage points of the lowest per-
centage of such children for any school in the
local educational agency that meets the require-
ments 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
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a waiver is granted continue to be met to the satis-
faction 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
waiver authority under the following provisions of
law:
(A) Section 311(e) of the Goals 2000:
Educate America Act.
(B) The proviso referring to such section
311(e) under the heading ‘‘EDUCATION
RE-
FORM’’ in the Department of Education Appro-
priations 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) begin-
ning on the date that such an extension is granted.
(e) ACCOUNTABILITY.—
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(1) EVALUATION FOR ED-FLEX PARTNERSHIP
STATES.—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 de-
termine if such agency—
(A) makes measurable progress toward
achieving the objectives described in the appli-
cation 
submitted 
pursuant 
to 
subsection
(a)(3)(A)(iii); and
(B) demonstrates that local educational
agencies or schools affected by such waiver or
authority have made measurable progress to-
ward achieving the desired results described in
the application submitted pursuant to sub-
section (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.
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(f) PUBLICATION.—A notice of the Secretary’s deci-
sion to authorize State educational agencies to issue waiv-
ers under this section shall be published in the Federal
Register and the Secretary shall provide for the dissemina-
tion of such notice to State educational agencies, inter-
ested parties, including educators, parents, students, advo-
cacy and civil rights organizations, other interested par-
ties, and the public.
(g) EFFECTIVE DATE.—This Act shall be effective
during 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.
Passed the House of Representatives March 11,
1999.
Attest:
JEFF TRANDAHL,
Clerk.