I
103D CONGRESS
1ST SESSION
H. R. 1872
To provide flexibility in education.
IN THE HOUSE OF REPRESENTATIVES
APRIL 27, 1993
Mr. THOMAS of Wyoming introduced the following bill; which was referred to
the Committee on Education and Labor
A BILL
To provide flexibility in education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FLEXIBILITY FOR SCHOOLS.
The Elementary and Secondary Education Act of
1965 (20 U.S.C. 2701 et seq.) is amended—
(1) by redesignating sections 8001 through
8005 as 10001 through 10005; and
(2) by inserting after title VII the following:
‘‘TITLE VIII—FLEXIBILITY TO IM-
PROVE 
EDUCATIONAL
ACHIEVEMENT
‘‘SEC. 8001. PURPOSE.
‘‘It is the purpose of this title to allow States, local
educational agencies, and schools the flexibility to use and
combine Federal, State, and local funds as part of sys-
temic educational reform plans to improve the educational
achievement of elementary and secondary school students
by waiving certain statutory and regulatory requirements.
‘‘SEC. 8002. PROGRAM AUTHORIZED.
‘‘(a) EDUCATION
PROGRAMS.—The Secretary of
Education is authorized to waive certain statutory and
regulatory requirements (except as provided in section
8004) for States that can demonstrate that such waivers
are part of a systemwide education reform plan and where
such States and local educational agencies have imple-
mented similar waiver plans.
‘‘(b) ADDITIONAL PROGRAMS.—Waivers may also be
requested for requirements regarding the following pro-
grams:
‘‘(1) The Head Start Act.
‘‘(2) The Runaway and Homeless Youth Act.
‘‘(3) The Juvenile Justice and Delinquency Pre-
vention Act.
‘‘(4) The National School Lunch Act.
‘‘(5) The School Breakfast Program.
‘‘(6) The Child and Adult Care Food Program.
‘‘(7) The Special School Milk Program.
‘‘(8) The Summer Food Service Program.
‘‘(9) The Community Services Block Grant Pro-
gram.
‘‘If such waivers are requested, the Secretary shall consult
with the heads of other appropriate Federal agencies, if
any, in determining whether to approve a project. The
Secretary shall obtain the approval of such agency head
as part of final approval of such project.
‘‘SEC. 8003. APPLICATIONS.
‘‘(a) GENERAL REQUIREMENTS.—A school, local edu-
cational agency, or State that desires to receive a waiver
under this title shall—
‘‘(1) indicate which requirements are to be
waived and how waiving such requirements is an in-
tegral part of the systemic reform plan and will im-
prove educational achievement among students;
‘‘(2) identify the Federal programs to be in-
cluded in the project;
‘‘(3) indicate which State and local require-
ments shall be waived;
‘‘(4) describe specific, measurable educational
improvement goals and expected outcomes;
‘‘(5) describe methods to be used to measure
progress toward meeting such goals;
‘‘(6) describe the student population at pro-
posed schools, including—
‘‘(A) current data regarding the achieve-
ment levels of students, particularly disadvan-
taged students;
‘‘(B) the number of students who—
‘‘(i) are of limited English proficiency,
as defined in section 7003(a)(1) of the Bi-
lingual Education Act;
‘‘(ii) are children with disabilities, as
defined in section 602(a)(1) of the Individ-
uals with Disabilities Act;
‘‘(iii) are currently or within the past
5 years were migratory;
‘‘(iv) are educationally deprived for
the purposes of chapter 1 of title I of this
Act; and
‘‘(v) are eligible for a free or reduced-
price lunch.
‘‘(b) ADDITIONAL REQUIREMENTS.—The Secretary
of Education may include additional requirements as may
reasonably be required.
‘‘(c) INDIVIDUAL SCHOOL APPLICATIONS.—A local
school that desires to receive a waiver under this title shall
submit an application to the local education agency, which
shall submit such application to the State education agen-
cy.
‘‘(d) LOCAL APPLICATIONS.—(1) A local educational
agency that desires to receive a waiver under this title
shall submit an application to the State educational
agency.
‘‘(2) A State educational agency that approves an ap-
plication submitted by a local education agency shall for-
ward such application to the Secretary of Education for
consideration, unless such application requires waivers for
programs other than education programs.
‘‘(3) An application that requests a waiver for a pro-
gram other than an education program shall be submitted
to the chief executive of the State and such executive shall
forward such application to the Secretary.
‘‘(e) STATE APPLICATIONS.—(1) A State educational
agency that desires to receive a waiver under this title
shall submit an application to the Secretary for consider-
ation, unless such application requires waivers for other
than education programs.
‘‘(2) Such application shall be submitted to the chief
executive of the State for review before forwarding such
application to the Secretary.
‘‘SEC. 8004. WAIVER RESTRICTIONS.
‘‘Requirements which shall not be waived include—
‘‘(1) requirements governing fund allocations;
‘‘(2) requirements governing privacy of pupil
records;
‘‘(3) requirements under title VI of the Civil
Rights Act of 1964;
‘‘(4) provisions of section 504 of the Rehabilita-
tion Act of 1973;
‘‘(5) provisions of title II of the Americans with
Disabilities Education Act;
‘‘(6) requirements of title IX of the Education
Amendments of 1972;
‘‘(7) requirements governing pupil rights under
the Individuals with Disabilities Act; and
‘‘(8) requirements governing—
‘‘(A) maintenance of effort;
‘‘(B) comparability; or
‘‘(C) the equitable participation of students
attending private schools.
‘‘SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE.
‘‘(a) LOCAL EVALUATION.—Three years after a waiv-
er is given to a local educational agency, the Secretary
of Education shall evaluate the effectiveness of such waiv-
er in achieving education reform and raising student
achievement.
‘‘(b) TECHNICAL ASSISTANCE.—If the Secretary de-
termines that progress in achieving educational reform is
not satisfactory, the Secretary may provide technical as-
sistance to a local educational agency.
‘‘(c) TERMINATION.—If the Secretary determines
that the technical assistance does not improve educational
reform efforts, the Secretary may terminate any waivers
previously granted.
‘‘(d) NATIONAL EVALUATION.—Five years after the
flexibility program is implemented and at the end of every
succeeding five-year period, the Secretary shall evaluate
the effectiveness of the flexibility program nationwide. The
findings of such evaluation shall be submitted to the Con-
gress not later than 120 days after such evaluation is
completed.
‘‘SEC. 8006. REPORTS.
‘‘(a) LOCAL REPORTS.—A local educational agency
or school that participates in a flexibility project under
this title shall submit an annual report to the State edu-
cational agency that—
‘‘(1) describes project activities;
‘‘(2) evaluates the progress in achieving the
goals stated in the application; and
‘‘(3) evaluates the effectiveness of coordinating
services for students and their families.
‘‘(b) STATE REPORTS.—A State that participates in
a flexibility project under this title shall submit an annual
report to the Secretary of Education which evaluates the
progress in achieving goals stated in the application.
‘‘(c) SECRETARY REPORTS.—The Secretary of Edu-
cation shall submit to the Congress a biennial report re-
garding the national progress of flexibility programs and
the effect of such programs on educational reform.’’.
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