In the Senate of the United States,
March 11, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 800) entitled ‘‘An Act to provide for education
flexibility partnerships.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Education Flexibility
Partnership Act of 1999’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States differ substantially in demographics,
in school governance, and in school finance and fund-
ing. The administrative and funding mechanisms
that help schools in 1 State improve may not prove
successful in other States.
(2) Although the Elementary and Secondary
Education Act of 1965 and other Federal education
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statutes afford flexibility to State and local edu-
cational agencies in implementing Federal programs,
certain requirements of Federal education statutes or
regulations may impede local efforts to reform and
improve education.
(3) By granting waivers of certain statutory and
regulatory requirements, the Federal Government can
remove impediments for local educational agencies in
implementing educational reforms and raising the
achievement levels of all children.
(4) State educational agencies are closer to local
school systems, implement statewide educational re-
forms with both Federal and State funds, and are re-
sponsible for maintaining accountability for local ac-
tivities consistent with State standards and assess-
ment systems. Therefore, State educational agencies
are often in the best position to align waivers of Fed-
eral and State requirements with State and local ini-
tiatives.
(5) The Education Flexibility Partnership Dem-
onstration Act allows State educational agencies the
flexibility to waive certain Federal requirements,
along with related State requirements, but allows only
12 States to qualify for such waivers.
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(6) Expansion of waiver authority will allow for
the waiver of statutory and regulatory requirements
that impede implementation of State and local edu-
cational improvement plans, or that unnecessarily
burden program administration, while maintaining
the intent and purposes of affected programs, and
maintaining such fundamental requirements as those
relating to civil rights, educational equity, and ac-
countability.
(7) To achieve the State goals for the education
of children in the State, the focus must be on results
in raising the achievement of all students, not process.
SEC. 3. DEFINITIONS.
In this Act:
(1) LOCAL EDUCATIONAL AGENCY; STATE EDU-
CATIONAL
AGENCY.—The terms ‘‘local educational
agency’’ and ‘‘State educational agency’’ have the
meanings given such terms in section 14101 of the El-
ementary and Secondary Education Act of 1965.
(2) OUTLYING AREA.—The term ‘‘outlying area’’
means Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, and the Federated States of
Micronesia.
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(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 Common-
wealth of Puerto Rico, and each outlying area.
SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) EDUCATION FLEXIBILITY PROGRAM.—
(1) PROGRAM AUTHORIZED.—
(A) IN
GENERAL.—The Secretary may
carry out an education flexibility program under
which the Secretary authorizes a State edu-
cational agency that serves an eligible State to
waive statutory or regulatory requirements ap-
plicable to 1 or more programs or Acts described
in subsection (b), other than requirements de-
scribed in subsection (c), for any local edu-
cational agency or school within the State.
(B) DESIGNATION.—Each eligible State
participating in the program described in sub-
paragraph (A) shall be known as an ‘‘Ed-Flex
Partnership State’’.
(2) ELIGIBLE STATE.—For the purpose of this
subsection the term ‘‘eligible State’’ means a State
that—
(A)(i) has—
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(I) developed and implemented the
challenging State content standards, chal-
lenging State student performance stand-
ards, and aligned assessments described in
section 1111(b) of the Elementary and Sec-
ondary Education Act of 1965, including
the requirements of that section relating to
disaggregation of data, and for which local
educational agencies in the State are pro-
ducing the individual school performance
profiles required by section 1116(a) of such
Act; or
(II) made substantial progress, as de-
termined by the Secretary, toward develop-
ing and implementing the standards and
assessments, and toward having local edu-
cational agencies in the State produce the
profiles, described in subclause (I); and
(ii) holds local educational agencies and
schools accountable for meeting educational goals
and for engaging in the technical assistance and
corrective actions consistent with section 1116 of
the Elementary and Secondary Education Act of
1965, for the local educational agencies and
schools that do not make adequate yearly
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progress as described in section 1111(b) of that
Act; and
(B) waives State statutory or regulatory re-
quirements relating to education while holding
local educational agencies or schools within the
State that are affected by such waivers account-
able 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 education
flexibility program under this section shall sub-
mit an application to the Secretary at such time,
in such manner, and containing such informa-
tion as the Secretary may reasonably require.
Each such application shall demonstrate that the
eligible State has adopted an educational flexi-
bility plan for the State that includes—
(i) a description of the process the
State educational agency will use to evalu-
ate applications from local educational
agencies or schools requesting waivers of—
(I) Federal statutory or regu-
latory requirements as described in
paragraph (1)(A); and
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(II) State statutory or regulatory
requirements relating to education;
(ii) a detailed description of the State
statutory and regulatory requirements relat-
ing to education that the State educational
agency will waive;
(iii) a description of how the edu-
cational 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 description of how the educational flexi-
bility plan is coordinated with activities de-
scribed in section 1111(b) of the Elementary
and Secondary Education Act of 1965;
(iv) a description of how the State edu-
cational agency will meet the requirements
of paragraph (8); and
(v) a description of how the State edu-
cational agency will evaluate, (consistent
with the requirements of title I of the Ele-
mentary and Secondary Education Act of
1965), the performance of students in the
schools and local educational agencies af-
fected by the waivers.
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(B) APPROVAL AND CONSIDERATIONS.—The
Secretary may approve an application described
in subparagraph (A) only if the Secretary deter-
mines that such application demonstrates sub-
stantial promise of assisting the State edu-
cational agency and affected local educational
agencies and schools within the State in carry-
ing out comprehensive educational reform, after
considering—
(i) the eligibility of the State as de-
scribed in paragraph (2);
(ii) the comprehensiveness and quality
of the educational flexibility plan described
in subparagraph (A);
(iii) the ability of such plan to ensure
accountability for the activities and goals
described in such plan;
(iv) the significance of the State statu-
tory or regulatory requirements relating to
education that will be waived; and
(v) the quality of the State educational
agency’s process for approving applications
for waivers of Federal statutory or regu-
latory requirements as described in para-
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graph (1)(A) and for monitoring and evalu-
ating 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 regulatory 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 educational agency may reasonably
require. Each such application shall—
(i) indicate each Federal program af-
fected and the statutory or regulatory re-
quirement that will be waived;
(ii) describe the purposes and overall
expected results of waiving each such re-
quirement;
(iii) describe for each school year spe-
cific, measurable, and educational goals for
each local educational agency or school af-
fected by the proposed waiver;
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(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 re-
quirements of paragraph (8).
(B) EVALUATION
OF
APPLICATIONS.—A
State educational agency shall evaluate an ap-
plication submitted under subparagraph (A) in
accordance with the State’s educational flexibil-
ity plan described in paragraph (3)(A).
(C) APPROVAL.—A State educational agen-
cy 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; and
(ii) the waiver of Federal statutory or
regulatory requirements as described in
paragraph (1)(A) will assist the local edu-
cational agency or school in reaching its
educational goals, particularly goals with
respect to school and student performance.
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(5) MONITORING AND PERFORMANCE REVIEW.—
(A) MONITORING.—Each State educational
agency participating in the program under this
section shall annually monitor the activities of
local educational agencies and schools receiving
waivers under this section and shall submit an
annual report regarding such monitoring to the
Secretary.
(B) PERFORMANCE
REVIEW.—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 para-
graph (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
opportunity for hearing, that the local edu-
cational agency or school’s performance with re-
spect to meeting the accountability requirement
described in paragraph (2)(B) and the goals de-
scribed in paragraph (4)(A)(iii) has been inad-
equate to justify continuation of such waiver.
(6) DURATION OF FEDERAL WAIVERS.—
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(A) IN GENERAL.—The Secretary shall not
approve the application of a State educational
agency under paragraph (3) for a period exceed-
ing 5 years, except that the Secretary may ex-
tend 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 and to continue to meet
the accountability requirement described in sub-
section (a)(2)(B), and has improved student per-
formance.
(B) PERFORMANCE REVIEW.—The Secretary
shall periodically review the performance of any
State educational agency granting waivers of
Federal statutory or regulatory requirements as
described in paragraph (1)(A) and shall termi-
nate such agency’s authority to grant such waiv-
ers if the Secretary determines, after notice and
opportunity for hearing, that such agency’s per-
formance has been inadequate to justify continu-
ation of such authority.
(7) AUTHORITY TO ISSUE WAIVERS.—Notwith-
standing any other provision of law, the Secretary is
authorized to carry out the education flexibility pro-
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(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 Sec-
ondary Education Act of 1965.
(3) Subpart 2 of part A of title III of the Ele-
mentary 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 Tech-
nical Education Act of 1998.
(c) WAIVERS NOT AUTHORIZED.—The Secretary and
the State educational agency may not waive any statutory
or regulatory requirement of the programs or Acts author-
ized to be waived under subsection (a)(1)(A)—
(1) relating to—
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students
and professional staff in private schools;
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(D) parental participation and involve-
ment;
(E) the distribution of funds to States or to
local educational agencies;
(F) serving eligible school attendance areas
in rank order under section 1113(a)(3) of the El-
ementary and Secondary Education Act of 1965;
(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
a waiver is granted continue to be met to the satisfac-
tion of the Secretary.
(d) CONTINUING ELIGIBILITY.—
(1) IN GENERAL.—Each State educational agen-
cy that is granted waiver authority under the provi-
sions of law described in paragraph (2) shall be eligi-
ble to continue the waiver authority under the terms
and conditions of the provisions of law as the provi-
sions of law are in effect on the date of enactment of
this Act.
(2) PROVISIONS OF LAW.—The provisions of law
referred to in paragraph (1) are as follows:
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(A) Section 311(e) of the Goals 2000: Edu-
cate 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).
(e) ACCOUNTABILITY.—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 education agency, local educational
agency, or school affected by such waiver or authority to
determine if such agency or school has made progress to-
ward achieving the desired results and goals described in
the application submitted pursuant to clauses (ii) and (iii)
of subsection (a)(4)(A), respectively.
(f) 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 published in the Federal Register and
the Secretary shall provide for the dissemination of such
notice to State educational agencies, interested parties, in-
cluding educators, parents, students, advocacy and civil
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rights organizations, other interested parties, and the pub-
lic.
SEC. 5. PROGRESS REPORTS.
The Secretary, not later than 1 year after the date of
enactment of this Act and biennially thereafter, shall submit
to Congress a report that describes—
(1) the Federal statutory and regulatory require-
ments for which waiver authority is granted to State
educational agencies under this Act;
(2) the State statutory and regulatory require-
ments that are waived by State educational agencies
under this Act;
(3) the effect of the waivers upon implementation
of State and local educational reforms; and
(4) the performance of students affected by the
waivers.
SEC. 6. FLEXIBILITY TO DESIGN CLASS SIZE REDUCTION
PROGRAMS.
(a) FINDINGS.—Congress finds that if part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.) were fully funded, local educational agencies
and schools would have the flexibility in their budgets to
design class size reduction programs, or any other programs
deemed appropriate by the local educational agencies and
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schools that best address their unique community needs and
improve student performance.
(b) AMENDMENT.—Section 307 of the Department of
Education Appropriations Act, 1999, is amended by adding
after subsection (g) the following:
‘‘(h) Notwithstanding subsections (b)(2), and (c)
through (g), a local educational agency may use funds re-
ceived under this section to carry out activities under part
B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) in accordance with the requirements
of such part.’’.
SEC. 7. FLEXIBILITY TO DEVELOP DROPOUT PREVENTION
PROGRAMS.
(a) FINDINGS.—Congress finds that if part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.) were fully funded, local educational agencies
and schools would have the flexibility in their budgets to
develop dropout prevention programs, or any other pro-
grams deemed appropriate by the local educational agencies
and schools, that best address their unique community needs
and improve student performance.
(b) AMENDMENT.—Section 307 of the Department of
Education Appropriations Act, 1999, is amended by adding
after subsection (g) the following:
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‘‘(h) Notwithstanding subsections (b)(2), and (c)
through (g), a local educational agency may use funds re-
ceived under this section to carry out activities under part
B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) in accordance with the requirements
of such part.’’.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
In addition to other funds authorized to be appro-
priated to carry out part B of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1411 et seq.), there are au-
thorized to be appropriated $150,000,000 to carry out such
part.
SEC. 9. FLEXIBILITY TO DEVELOP AFTERSCHOOL PRO-
GRAMS.
(a) FINDINGS.—Congress finds that if part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.) were fully funded, local educational agencies
and schools would have the flexibility in their budgets to
develop afterschool programs, or any other programs
deemed appropriate by the local educational agencies and
schools, that best address their unique community needs and
improve student performance.
(b) AMENDMENT.—Section 307 of the Department of
Education Appropriations Act, 1999, is amended by adding
after subsection (g) the following:
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‘‘(h) Notwithstanding subsections (b)(2), and (c)
through (g), a local educational agency may use funds re-
ceived under this section to carry out activities under part
B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) in accordance with the requirements
of such part.’’.
SEC. 10. ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS.
In addition to other funds authorized to be appro-
priated to carry out part B of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1411 et seq.), there are au-
thorized to be appropriated $600,000,000 to carry out such
part.
SEC. 11. FLEXIBILITY TO DEVELOP PROGRAMS TO REDUCE
SOCIAL PROMOTION AND ESTABLISH SCHOOL
ACCOUNTABILITY PROCEDURES.
(a) FINDINGS.—Congress finds that if part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.) were fully funded, local educational agencies
and schools would have the flexibility in their budgets to
develop programs to reduce social promotion, establish
school accountability procedures, or any other programs
deemed appropriate by the local educational agencies and
schools, that best address their unique community needs and
improve student performance.
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(b) AMENDMENT.—Section 307 of the Department of
Education Appropriations Act, 1999, is amended by adding
after subsection (g) the following:
‘‘(h) Notwithstanding subsections (b)(2), and (c)
through (g), a local educational agency may use funds re-
ceived under this section to carry out activities under part
B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) in accordance with the requirements
of such part.’’.
SEC. 12. 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 sub-
section (a) shall apply to conduct occurring not earlier than
the date of enactment of this Act.
SEC. 13. FURTHER AUTHORIZATION OF APPROPRIATIONS.
In addition to other funds authorized to be appro-
priated to carry out part B of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1411 et seq.), there are au-
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thorized to be appropriated $500,000,000 to carry out such
part.
Attest:
Secretary.