formance of the students who are affected by such
waivers.
(4) STATE APPLICATION.—(A) Each State edu-
cational agency desiring to participate in the edu-
cation flexibility demonstration program under this
subsection 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
educational agency will use to evaluate applica-
tions from local educational agencies or schools
requesting waivers of—
(I) Federal statutory or regulatory re-
quirements described in paragraph (2)(A);
and
(II) State statutory or regulatory re-
quirements relating to education; and
(ii) a detailed description of the State stat-
utory and regulatory requirements relating to
education that the State educational agency will
waive.
(B) The Secretary may approve an application
described in subparagraph (A) only if the Secretary
determines that such application demonstrates sub-
stantial promise of assisting the State educational
agency and affected local educational agencies and
schools within such State in carrying out com-
prehensive educational reform, after considering—
(i) the comprehensiveness and quality of
the educational flexibility plan described in sub-
paragraph (A);
(ii) the ability of such plan to ensure ac-
countability for the activities and goals de-
scribed in such plan;
(iii) the significance of the State statutory
or regulatory requirements relating to education
that will be waived; and
(iv) the quality of the State educational
agency’s process for approving applications for
waivers of Federal statutory or regulatory re-
quirements described in paragraph (2)(A) and
for monitoring and evaluating the results of
such waivers.
(5) LOCAL APPLICATION.—(A) Each local edu-
cational agency or school requesting a waiver of a
Federal statutory or regulatory requirement de-
scribed in paragraph (2)(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 educational agency may reasonably require.
Each such application shall—
(i) indicate each Federal program affected
and the statutory or regulatory requirement
that will be waived;
(ii) describe the purposes and overall ex-
pected results of waiving each such require-
ment;
(iii) describe for each school year specific,
measurable, educational goals for each local
educational agency or school affected by the
proposed waiver; and
(iv) explain why the waiver will assist the
local educational agency or school in reaching
such goals.
(B) A State educational agency shall evaluate
an application submitted under subparagraph (A) in
accordance with the State’s educational flexibility
plan described in paragraph (4)(A).
(C) A State educational agency shall not ap-
prove an application for a waiver under this para-
graph unless—
(i) the local educational agency or school
requesting such waiver has developed a local re-
form plan that is applicable to such agency or
school, respectively; and
(ii) the waiver of Federal statutory or reg-
ulatory requirements described in paragraph
(2)(A) will assist the local educational agency
or school in reaching its educational goals.
(6) 
MONITORING.—Each 
State 
educational
agency participating in the demonstration program
under this subsection shall annually monitor the ac-
tivities of local educational agencies and schools re-
ceiving waivers under this subsection and shall sub-
mit an annual report regarding such monitoring to
the Secretary.
(7) DURATION
OF
FEDERAL
WAIVERS.—(A)
The Secretary shall not approve the application of a
State educational agency under paragraph (4) 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 has
been effective in enabling such State or affected
local educational agencies or schools to carry out
their local reform plans.
(B) The Secretary shall periodically review the
performance of any State educational agency grant-
ing waivers of Federal statutory or regulatory re-
quirements described in paragraph (2)(A) and shall
terminate such agency’s authority to grant such
waivers if the Secretary determines, after notice and
opportunity for hearing, that such agency’s perform-
ance has been inadequate to justify continuation of
such authority.
(f) ACCOUNTABILITY.—In deciding whether to extend
a request for a waiver under subsection (a)(1), or a State
educational agency’s authority to issue waivers under sub-
section (e), the Secretary shall review the progress of the
State educational agency, local educational agency, or
school affected by such waiver or authority to determine
if such agency or school has made progress toward achiev-
ing the desired results described in the application sub-
mitted 
pursuant 
to 
subsection 
(a)(2)(B)(iii) 
or
(e)(5)(A)(ii).
(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant waivers under subsection (a)(1) and to au-
thorize State educational agencies to issue waivers under
subsection (e) shall be published in the Federal Register
and the Secretary shall provide for the dissemination of
such notice to State educational agencies, interested par-
ties, including educators, parents, students, advocacy and
civil rights organizations, other interested parties, and the
public.
SEC. 202. EXPANSION OF SCHOOLWIDE PROGRAMS.
Section 1114(a)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6314) is amended by
striking ‘‘if, for the initial year of the schoolwide program’’
and all that follows through the end and inserting a
period.
Æ