IB
Union Calendar No. 407
105TH CONGRESS
2D SESSION
H. R. 3248
[Report No. 105–710]
To provide dollars to the classroom.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1998
Mr. PITTS (for himself, Mr. GOODLING, Mr. ARMEY, Mr. DELAY, Mr.
BOEHNER, Mr. HOEKSTRA, Mr. GRAHAM, Mr. BLUNT, Mr. HILLEARY,
Mrs. EMERSON, Mr. WATTS of Oklahoma, Mr. TALENT, Mr. REDMOND,
Mr. CHAMBLISS, Mr. HEFLEY, Mr. RYUN, Mr. ISTOOK, Mr. WELDON of
Florida, Mr. MANZULLO, Mr. SMITH of Michigan, Mr. SENSENBRENNER,
Mr. ENGLISH of Pennsylvania, Mr. ROYCE, Mrs. LINDA SMITH of Wash-
ington, Mr. SOLOMON, Mr. ROGAN, Mr. SAM JOHNSON of Texas, Mr.
CHABOT, Mrs. MYRICK, Mr. COOKSEY, Mr. BRYANT, Mr. COBURN, Mr.
BACHUS, Mr. GILLMOR, Mr. COOK, Mr. PICKERING, Mr. KINGSTON, Mr.
NORWOOD, Mr. SPENCE, Mr. HAYWORTH, Mr. BAKER, Mr. PETERSON of
Pennsylvania, Mr. SNOWBARGER, Mr. LARGENT, Mr. DICKEY, Mrs.
CHENOWETH, Mr. LIVINGSTON, Mr. BASS, Mr. MCINTOSH, and Mr. SES-
SIONS) introduced the following bill; which was referred to the Committee
on Education and Workforce
SEPTEMBER 14, 1998
Additional sponsors: Mr. LEWIS of Kentucky, Mr. BOB SCHAFFER of Colo-
rado, Mr. GINGRICH, Mr. SHADEGG, Mr. TIAHRT, Mr. HOSTETTLER, Mr.
HUTCHINSON, Mr. GIBBONS, Mr. DOOLITTLE, Mr. SCARBOROUGH, Mr.
SKEEN, Mr. RADANOVICH, Mr. INGLIS of South Carolina, Mr. NEUMANN,
Mr. CANNON, Mr. BURTON of Indiana, Mr. BALLENGER, Mr. CRAPO, Mr.
SOUDER, Mr. FORBES, Mr. GOODLATTE, Mr. SHIMKUS, Mr. RIGGS, Mr.
SUNUNU, Mr. CALVERT, Mr. PAPPAS, Mr. SMITH of New Jersey, Mr.
BARR of Georgia, Mr. HASTERT, Mr. SALMON, Ms. CHRISTIAN-GREEN,
Mr. ADERHOLT, Mr. FRANKS of New Jersey, Mr. WICKER, Mr. THUNE,
Mrs. CUBIN, Mr. JONES, Mr. MICA, Mr. HALL of Texas, Mr. GUT-
KNECHT, Mrs. WILSON, Mr. WHITFIELD, Mr. BLILEY, Mr. DREIER, Mr.
HILL, Mr. MILLER of Florida, Mr. ENSIGN, Mr. COLLINS, Mr. BUYER,
Mr. BRADY of Texas, Mr. JENKINS, Mr. UPTON, Mr. THOMPSON, Mr.
HUNTER, Mr. TAYLOR of North Carolina, Mr. HORN, Mrs. BONO, Mr.
METCALF, Ms. GRANGER, Mr. HERGER, and Mr. BUNNING
SEPTEMBER 14, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 24, 1998]
A BILL
To provide dollars to the classroom.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dollars to the Classroom
Act’’.
TITLE 
I—IMPROVEMENT 
OF
CLASSROOM SERVICES AND
ACTIVITIES
SEC. 101. GRANTS TO STATES.
The Secretary is authorized to award grants in accord-
ance with this title to States for use by States and local
educational agencies to improve classroom services and ac-
tivities for students.
SEC. 102. GRANT AWARD.
(a) RESERVATION OF FUNDS.—From the amount ap-
propriated to carry out this title for any fiscal year, the
Secretary shall reserve—
(1) 1⁄2 of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purposes of this section; and
(2) 1⁄2 of 1 percent for the Secretary of the Inte-
rior for programs under this title in schools operated
or funded by the Bureau of Indian Affairs.
(b) STATE ALLOCATIONS.—Funds appropriated to
carry out this title for any fiscal year, which are not re-
served under subsection (a), shall be allocated among the
States as follows:
(1) HOLD HARMLESS.—If the amount of funds
appropriated to carry out this title in any fiscal year
equals or exceeds the aggregate amount all States re-
ceived in fiscal year 1998 under—
(A) title III of the Goals 2000: Educate
America Act (20 U.S.C. 5881 et seq.);
(B) section 1002(g)(2) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6302(g));
(C) section 1502 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6492);
(D) part B of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6641 et seq.);
(E) section 3132 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6842 et seq.);
(F) title VI of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 7311 et
seq.); and
(G) part B of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11421 et seq.),
as such provisions were in effect on the day preceding
the date of the enactment of this Act, the Secretary
shall allocate to each State the aggregate amount such
State received for fiscal year 1998 under such provi-
sions.
(2) INSUFFICIENT FUNDS.—If the amount of ap-
propriations to carry out this title for any fiscal year
is insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts
for such year.
(3) REMAINING FUNDS.—If funds remain after
meeting the requirements of paragraph (1), such re-
maining funds shall be allocated among the States in
the following manner:
(A) 50 percent of such remaining funds
shall be allocated to States in proportion to their
grants under part A of title I of the Elementary
and Secondary Education Act of 1965 for the
preceding fiscal year; and
(B) 50 percent of such remaining funds
shall be allocated to States in proportion to the
number of children ages 5 through 17, inclusive,
according to the most recent available data that
are satisfactory to the Secretary.
(c) DEFINITION OF STATE.—For purposes of this sec-
tion, the term ‘‘State’’ includes the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(d) DEFINITION OF OUTLYING AREA.—For purposes of
this section, the term ‘‘outlying area’’ includes American
Samoa, Guam, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(e) PAYMENTS.—Funds awarded to a State under this
section shall be paid to the individual or entity in the State
that is responsible for the State administration of Federal
education funds pursuant to State law.
(f) USE OF STATE AWARDS.—
(1) IN GENERAL.—From the amount made avail-
able to a State under subsection (b) for a fiscal year,
the State—
(A) shall use not more than 5 percent of the
total amount to support programs or activities,
for children ages 5 through 17, that the State de-
termines appropriate, of which the State shall
distribute 20 percent of the 5 percent to local
educational agencies in the State to pay the ad-
ministrative expenses of the local educational
agencies that are associated with the activities
and services assisted under this section; and
(B) shall distribute, pursuant to section
103(a), not less than 95 percent of the amount
to local educational agencies in the State for the
fiscal year to enable the local educational agen-
cies to pay the costs of activities or services pro-
vided in the classroom, for children ages 5
through 17, that the local educational agencies
determine appropriate subject to the require-
ments of section 103(b).
(2) ADMINISTRATIVE EXPENSES.—For the pur-
pose of paragraph (1)(B), the costs of activities and
services provided in the classroom exclude the admin-
istrative expenses associated with the activities and
services.
(g) SUPPLEMENT NOT SUPPLANT.—A State or local
educational agency shall use funds received under this title
only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the education of pupils participating
in programs assisted under this title, and not to supplant
such funds.
(h) ANNUAL REPORTS.—
(1) IN GENERAL.—Each State receiving assist-
ance under this part shall issue a report on an an-
nual basis, not later than April 1 of each year begin-
ning the year after the date of the enactment of this
Act, to the Secretary, the Committee on Education
and the Workforce of the House of Representatives, the
Committee on Labor and Human Resources of the
Senate, and the Committees on Appropriations of the
Senate and the House of Representatives that de-
scribes how funds under this title have been used to
improve student performance in that State.
(2) CERTIFICATION.—The report must also in-
clude a certification by the State that 95 percent of
funding provided under this title during the preced-
ing fiscal year has been expended by local educational
agencies within that State for classroom activities
and services pursuant to subsection (f)(1)(B).
(3) MEASURES OF PERFORMANCE.—In determin-
ing student academic performance within the State,
the State shall use such measures of student academic
performance as it deems appropriate. The State may
disaggregate data by poverty, subject area, race, gen-
der, geographic location, or other criteria as the State
deems appropriate.
(4) AVAILABILITY OF REPORT.—Each State shall
make the report described in this subsection available
to parents and members of the public throughout that
State.
SEC. 103. LOCAL AWARDS.
(a) DETERMINATION OF AMOUNT OF FUNDS.—
(1) IN GENERAL.—The individual or entity in
the State that is responsible for the State administra-
tion of Federal education funds pursuant to State law
of each State receiving assistance under this title, in
consultation with the Governor of such State, the chief
State school officer of such State, representatives from
the State legislature, and representatives from local
educational agencies within such State, shall develop
a formula for the allocation of funds described in sec-
tion 102, to local educational agencies, taking into
consideration—
(A) poverty rates within each local edu-
cational agency;
(B) children living in sparsely populated
areas;
(C) an equitable distribution of funds
among urban, rural, and suburban areas;
(D) children whose education imposes a
higher than average cost per child; and
(E) such other factors as considered appro-
priate.
(2) HOLD
HARMLESS.—No local educational
agency shall receive an award under this subsection
for any fiscal year in an amount that is less than the
amount the local educational agency received to carry
out programs or activities for fiscal year 1998 for
title III of the Goals 2000: Educate America Act (20
U.S.C. 5881 et seq.), part B of title II of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 6641 et seq.), section 3132 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6842 et seq.), title VI of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 7311 et seq.),
and part B of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11421 et seq.) as
in effect on the day preceding the date of the enact-
ment of this Act plus amounts the local educational
agency is eligible to receive during fiscal years 1999
through 2003 pursuant to all multiyear awards made
prior to the date of enactment of this Act under any
program that is repealed by section 107 that is not
listed in this sentence.
(3) INSUFFICIENT FUNDS.—If the amount allo-
cated to a State to carry out this title for any fiscal
year is insufficient to pay the full amounts that all
local educational agencies in such State are eligible to
receive under paragraph (2) for such year, the State
shall ratably reduce such amounts for such year.
(b) LOCAL USES OF FUNDS.—Funds made available
under this section to a local educational agency shall be
used for the following classroom services and activities:
(1) Programs for the acquisition and use of in-
structional and educational materials, including li-
brary services and materials (including media mate-
rials), assessments, reference materials, and other cur-
ricular materials which are tied to high academic
standards and which will be used to improve student
achievement and which are part of an overall edu-
cation reform program.
(2) Professional development for instructional
staff.
(3) Programs to improve the higher order think-
ing skills of disadvantaged elementary and secondary
school students and to prevent students from dropping
out of school.
(4) Efforts to lengthen the school day or the
school year.
(5) Programs to combat illiteracy in the student
population.
(6) Programs to provide for the educational
needs of gifted and talented children.
(7) Promising education reform projects that are
tied to State student content and performance stand-
ards.
(8) Carrying out comprehensive school reform
programs that are based on reliable research.
(9) Programs for homeless children and youth.
(10) Programs that are built upon partnerships
between local educational agencies and institutions of
higher education, educational service agencies, librar-
ies, businesses, regional educational laboratories, or
other educational entities, for the purpose of provid-
ing educational services consistent with this section.
(11) The acquisition of books, materials and
equipment, payment of compensation of instructional
staff, and instructional activities that are necessary
for the conduct of programs in magnet schools.
(12) Programs to promote academic achievement
among women and girls.
(13) Programs to provide for the educational
needs of children with limited English proficiency or
who are American Indian, Alaska Native, or Native
Hawaiian.
(14) Activities to provide the academic support,
enrichment, and motivation to enable all students to
reach high State standards.
(15) Efforts to reduce the pupil-teacher ratio.
(16) Projects and programs which assure the
participation in mainstream settings in arts and
education programs of individuals with disabilities.
(17) Projects and programs to integrate arts edu-
cation into the regular elementary and secondary
school curriculum.
(18) Programs designed to educate students
about the history and principles of the Constitution
of the United States, including the Bill of Rights, and
to foster civic competence and responsibility.
(19) Mathematics and science education instruc-
tional materials.
(20) Programs designed to improve the quality of
student writing and learning and the teaching of
writing as a learning process.
(c) PARENT INVOLVEMENT.—Each local educational
agency receiving assistance under this section shall involve
parents and members of the public in planning for the use
of funds provided under this section.
SEC. 104. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS.
Each local educational agency that receives funds
under this title shall provide for the participation of chil-
dren enrolled in private schools, and their teachers or other
educational personnel, in the activities and services assisted
under such section in the same manner as private school
children, and their teachers or other educational personnel,
participate in activities and services under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) pursuant to sections 14503, 14504, 14505, and 14506
of such Act (20 U.S.C. 8893, 8894, 8895, and 8896).
SEC. 105. DEFINITIONS.
In this title—
(1) the term ‘‘local educational agency’’ has the
meaning given the term in section 14101 of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 8801);
(2) the term ‘‘educational service agency’’ has the
meaning given the term in section 14101 of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 8801);
(3) the term ‘‘Secretary’’ means the Secretary of
Education; and
(4) except as otherwise provided, the term
‘‘State’’ means each of the several States of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, and the
United States Virgin Islands.
SEC. 106. GENERAL PROVISIONS.
(a) RULE OF CONSTRUCTION.—Nothing in this title
shall be construed to authorize an officer or employee of the
Federal Government to require, direct, or control a State,
local educational agency or school’s specific instructional
content of pupil performance standards and assessments,
curriculum, or program of instruction as a condition of eli-
gibility to receive funds under this title.
(b) STATE AND LOCAL DETERMINATION.—
(1) IN GENERAL.—The Secretary shall not issue
any regulation regarding the type of classroom activi-
ties or services that may be assisted under this title.
(2) INSTRUCTIONAL METHOD AND SETTING.—No
local educational agency shall be required to provide
services under this title through a particular instruc-
tional method or in a particular instructional setting
in order to receive funding under this title.
SEC. 107. REPEALS.
The following provisions are repealed:
(1) Title III of the Goals 2000: Educate America
Act (20 U.S.C. 5881 et seq.).
(2) Title IV of the Goals 2000: Educate America
Act (20 U.S.C. 5911 et seq.).
(3) Title VI of the Goals 2000: Educate America
Act (20 U.S.C. 5951).
(4) Titles II, III, and IV of the School-to-Work
Opportunities Act of 1994 (20 U.S.C. 6121 et seq.,
6171 et seq., and 6191 et seq.).
(5) Section 1502 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 6492).
(6) Section 1503 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 6493).
(7) Section 1002(g)(2) of the Elementary and
Secondary Education Act of 1965.
(8) Part A of title II of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6621 et
seq.).
(9) Part B of title II of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6641 et
seq.).
(10) Title III of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6801 et seq.).
(11) Part A of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7201 et
seq.).
(12) Part B of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7231 et
seq.).
(13) Title VI of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7311 et seq.).
(14) Part B of title IX of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7901 et
seq.).
(15) Part C of title IX of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7931 et
seq.).
(16) Part A of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8001 et
seq.).
(17) Part B of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8031 et
seq.).
(18) Part D of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8091 et
seq.).
(19) Part F of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8141 et
seq.).
(20) Part G of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8161 et
seq.).
(21) Part I of title X of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8241 et
seq.).
(22) Part J of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8271 et
seq.).
(23) Part K of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8331 et
seq.).
(24) Part L of title X of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8351 et
seq.).
(25) Part A of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8621 et
seq.).
(26) Part C of title XIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8671 et
seq.).
(27) Subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11421
et seq.).
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this 
title, 
$2,740,000,000 
for 
fiscal 
year 
1999;
$2,800,000,000 for fiscal year 2000; $2,870,000,000 for fis-
cal year 2001; $2,940,000,000 for fiscal year 2002; and
$3,001,000,000 for fiscal year 2003.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. EXPANSION OF ED-FLEX DEMONSTRATIONS.
(a) WAIVER AUTHORITY.—
(1) IN GENERAL.—Except as provided in sub-
section (c), the Secretary may waive any statutory or
regulatory requirement applicable to any program or
Act described in subsection (b) for a State educational
agency, local educational agency, or school if—
(A) and only to the extent that, the Sec-
retary determines that such requirement impedes
the ability of the State, or of a local educational
agency or school in the State, to carry out the
State or local improvement plan;
(B) the State educational agency has
waived, or agrees to waive, similar requirements
of State law;
(C) in the case of a statewide waiver, the
State educational agency—
(i) provides all local educational agen-
cies and parent organizations in the State
with notice and an opportunity to comment
on the State educational agency’s proposal
to seek a waiver; and
(ii) submits the local educational agen-
cies’ comments to the Secretary; and
(D) in the case of a local educational agen-
cy waiver, the local educational agency provides
parents, community groups, and advocacy or
civil rights groups with the opportunity to com-
ment on the proposed waiver.
(2) APPLICATION.—(A)(i) To request a waiver
under paragraph (1), a local educational agency or
school that receives funds under this title, or a local
educational agency or school shall transmit an appli-
cation for such a waiver to the State educational
agency. The State educational agency then shall sub-
mit approved applications for waivers under para-
graph (1) to the Secretary.
(ii) A State educational agency may request a
waiver under paragraph (1) by submitting an appli-
cation for such waiver to the Secretary.
(B) Each application submitted to the Secretary
under subparagraph (A) shall—
(i) identify the statutory or regulatory re-
quirements that are requested to be waived and
the goals that the State educational agency or
local educational agency or school intends to
achieve;
(ii) describe the action that the State edu-
cational agency has undertaken to remove State
statutory or regulatory barriers identified in the
application of local educational agencies;
(iii) describe the goals of the waiver and the
expected programmatic outcomes if the request is
granted;
(iv) describe the numbers and types of stu-
dents to be impacted by such waiver;
(v) describe a timetable for implementing a
waiver; and
(vi) describe the process the State edu-
cational agency will use to monitor, on a bian-
nual basis, the progress in implementing a waiv-
er.
(3) 
TIMELINESS.—The 
Secretary 
shall 
act
promptly on a request for a waiver under paragraph
(1) and shall provide a written statement of the rea-
sons for granting or denying such request.
(4) DURATION.—Each waiver under paragraph
(1) shall be for a period not to exceed 4 years. The
Secretary may extend such period if the Secretary de-
termines that the waiver has been effective in enabling
the State or affected local educational agencies to
carry out reform plans.
(b) INCLUDED PROGRAMS.—The statutory or regu-
latory requirements subject to the waiver authority of this
section are any such requirements under the following pro-
grams or Acts:
(1) Title I of the Elementary and Secondary
Education Act of 1965.
(2) Part A of title II of the Elementary and Sec-
ondary Education Act of 1965.
(3) Part A of title V of the Elementary and Sec-
ondary Education Act of 1965.
(4) Title VIII of the Elementary and Secondary
Education Act of 1965.
(5) Part B of title IX of the Elementary and
Secondary Education Act of 1965.
(6) The Carl D. Perkins Vocational and Applied
Technology Education Act.
(c) WAIVERS NOT AUTHORIZED.—The Secretary may
not waive any statutory or regulatory requirement of the
programs or Acts described in subsection (b)—
(1) relating to—
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students
and professional staff in private schools;
(D) parental participation and involve-
ment; and
(E) the distribution of funds to States or to
local educational agencies; 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) TERMINATION OF WAIVERS.—The Secretary shall
periodically review the performance of any State, local edu-
cational agency, or school for which the Secretary has
granted a waiver under subsection (a)(1) and shall termi-
nate the waiver if the Secretary determines that the per-
formance of the State, the local educational agency, or the
school in the area affected by the waiver has been inad-
equate to justify a continuation of the waiver.
(e) FLEXIBILITY DEMONSTRATION.—
(1) SHORT TITLE.—This subsection may be cited
as the ‘‘Education Flexibility Partnership Dem-
onstration Act’’.
(2) PROGRAM AUTHORIZED.—
(A) IN
GENERAL.—The Secretary may
carry out an education flexibility demonstration
program under which the Secretary authorizes
not more than 50 State educational agencies
serving eligible States to waive statutory or regu-
latory requirements applicable to 1 or more pro-
grams or Acts described in subsection (b), other
than requirements described in subsection (c), for
the State educational agency or any local edu-
cational agency or school within the State.
(B) AWARD RULE.—In carrying out sub-
paragraph (A), the Secretary shall select for par-
ticipation in the demonstration program de-
scribed in subparagraph (A) three State edu-
cational agencies serving eligible States that each
have a population of 3,500,000 or greater and
three State educational agencies serving eligible
States that each have a population of less than
3,500,000, determined in accordance with the
most recent decennial census of the population
performed by the Bureau of the Census.
(C) DESIGNATION.—Each eligible State
participating in the demonstration program de-
scribed in subparagraph (A) shall be known as
an ‘‘Ed-Flex Partnership State’’.
(3) ELIGIBLE STATE.—For the purpose of this
subsection the term ‘‘eligible State’’ means a State
that waives State statutory or regulatory require-
ments relating to education while holding local edu-
cational agencies or schools within the State that are
affected by such waivers accountable for the perform-
ance 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 re-
quire. Each such application shall demonstrate that
the eligible State has adopted an educational flexibil-
ity 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 statu-
tory 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 comprehen-
sive educational reform, after considering—
(i) the comprehensiveness and quality of the
educational flexibility plan described in subpara-
graph (A);
(ii) the ability of such plan to ensure ac-
countability for the activities and goals described
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 described
in paragraph (2)(A) and any relevant State statutory
or regulatory requirement from a State educational
agency shall submit an application to the State edu-
cational agency at such time, in such manner, and
containing such information as the State educational
agency may reasonably require. Each such applica-
tion 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 requirement;
(iii) describe for each school year specific,
measurable, educational goals for each local edu-
cational agency or school affected by the pro-
posed 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 ac-
cordance 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 re-
questing 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 regu-
latory requirements described in paragraph
(2)(A) will assist the local educational agency or
school in reaching its educational goals.
(6) MONITORING.—Each State educational agen-
cy participating in the demonstration program under
this subsection shall annually monitor the activities
of local educational agencies and schools receiving
waivers under this subsection and shall submit an an-
nual report regarding such monitoring to the Sec-
retary.
(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 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.
(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 waiv-
ers if the Secretary determines, after notice and op-
portunity for hearing, that such agency’s performance
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 achieving
the desired results described in the application submitted
pursuant to subsection (a)(2)(B)(iii) or (e)(5)(A)(ii).
(g) PUBLICATION.—A notice of the Secretary’s decision
to grant waivers under subsection (a)(1) and to authorize
State educational agencies to issue waivers under subsection
(e) shall be published in the Federal Register and the Sec-
retary shall provide for the dissemination of such notice to
State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights orga-
nizations, 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.