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103D CONGRESS
1ST SESSION
H. R. 1452
To allow States, local educational agencies, and schools the flexibility to
use and combine Federal, State, and local funds to improve the edu-
cational achievement of all elementary and secondary school students.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1993
Mr. GOODLING (for himself and Mr. DEFAZIO) introduced the following bill;
which was referred to the Committee on Education and Labor
A BILL
To allow States, local educational agencies, and schools the
flexibility to use and combine Federal, State, and local
funds to improve the educational achievement of all ele-
mentary and secondary school students.
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 ‘‘Freedom to Improve
Educational Achievement Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the ability of the United States to declare
more effective educational services to its citizens, es-
pecially disadvantaged citizens and traditionally un-
derserved citizens, is of primary importance to the
national security and to the continued role of the
United States as a world leader;
(2) the ability of local school authorities to ef-
fectively administer and improve the public schools
under their leadership is impeded by the paperwork
burden and regulatory limitations imposed by nu-
merous education programs administered by the
Federal Government and by the States;
(3) because American society and student needs
are changing quickly, schools and schooling must be
flexible and innovative in order to sustain relevance
and vitality in an increasingly challenging world;
(4) educational funding flexibility at the State
and local level has proven to be effective means to-
ward educational reform in States nationwide, and
this flexibility should be expanded to cover Federal
requirements that may impede educational achieve-
ment; and
(5) real and fundamental change in the struc-
ture of schools and education will emerge from
school reform initiatives and such change should be
based on professional knowledge and a solid founda-
tion of research.
SEC. 3. PURPOSE.
The purpose of this Act is to allow States, local edu-
cational agencies, and schools the flexibility to use and
combine Federal, State, and local funds to improve the
educational achievement of all elementary and secondary
school students, including students with disabilities, stu-
dents who are disadvantaged, and students who are lim-
ited English proficient, and to help schools and students
meet the National Education Goals by waiving certain
statutory and regulatory requirements (not including the
appropriate protections with respect to civil rights, dis-
crimination, and safety).
SEC. 4. PROGRAM AUTHORIZED.
(a) EDUCATION PROGRAMS.—The Secretary of Edu-
cation is authorized to waive certain Federal statutory and
regulatory requirements (except as provided in section 6)
for States, local educational agencies, and schools that can
demonstrate that such waivers are part of efforts to
achieve education reform and meet the National Edu-
cation Goals for all students, where such waivers are part
of a State or local systemic reform plan, and where such
States and local educational agencies have implemented
similar waiver plans.
(1) indicate which Federal requirements are to
be waived and how waiving such requirements will
improve educational achievement among all students;
(2) describe educational programs and goals
being proposed and how such programs will meet the
needs of all students;
(3) identify the Federal programs to be in-
cluded in the project;
(4) indicate which State and local requirements
to be waived;
(5) describe specific, measurable educational
improvement goals and expected outcomes for all af-
fected students;
(6) describe methods to be used to measure
progress toward meeting such goals;
(7) describe how programs will continue to
focus on the same populations served by programs
for which waivers are requested;
(8) describe how students not now eligible for
programs for which waivers are granted can be
served without weakening the program benefits for
eligible populations; and
(9) describe the student population at proposed
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 Education Act;
(iii) are currently or were, within the
past 5 years, migratory;
(iv) are educationally disadvantaged
for the purposes of chapter 1 of title I of
the Elementary and Secondary Education
Act of 1965; 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 Act shall
submit an application to the local educational agency,
which, after review, shall submit such application to the
State educational agency.
(d) LOCAL APPLICATIONS.—(1) A local educational
agency that desires to receive a waiver under this Act shall
submit an application to the State educational agency for
review.
(2) A State educational agency that approves an ap-
plication submitted by a local educational agency shall for-
ward such application to the Secretary of Education for
consideration.
(3) If an application requests a waiver for a program
other than an education program, the State educational
agency shall submit such application to the chief executive
of the State for review before forwarding such application
to the Secretary of Education.
(e) STATE APPLICATIONS.—(1) A State educational
agency that desires to receive a waiver under this Act shall
submit an application to the Secretary of Education for
consideration, 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 of Education.
SEC. 6. WAIVER RESTRICTIONS.
Nothing in this section shall be construed to author-
ize any changes in, substitutions for, or lessening of the
protections of Federal laws and regulations regarding civil
rights, discrimination, and safety or to affect regulations
and prohibitions concerning the diversion of Federal funds
for private use. 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 Act;
(6) requirements of title IX of the Education
Amendments of 1972;
(7) requirements of parts A, B, and H under
the Individuals with Disabilities Education Act;
(8) requirements governing—
(A) maintenance of effort;
(B) comparability; or
(C) the equitable participation of students
attending private schools; and
(9) requirements on parental participation and
involvement.
SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE.
(a) WAIVERS.—Three years after a waiver is provided
to a school or local educational agency, the Secretary of
Education shall evaluate the effectiveness of such waiver,
based on reports and evaluations conducted by the State
educational agency, in meeting the goals outlined in their
application, in achieving educational reform, in raising
student achievement for all students, including students
with disabilities, students who are disadvantaged, and stu-
dents who are limited English proficient, and in meeting
the National Education Goals.
(b) TECHNICAL ASSISTANCE.—If the Secretary de-
termines that progress in achieving education reform is
not satisfactory, the Secretary may provide technical as-
sistance to a school or local educational agency.
(c) TERMINATION.—If the Secretary determines that
the technical assistance does not improve education reform
efforts, the Secretary may immediately terminate any
waivers previously granted.
(d) NATIONAL EVALUATION.—Three years after the
flexibility program is implemented and at the end of every
succeeding 3-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. 8. REPORTS.
(a) LOCAL REPORTS.—A local educational agency or
school that participates in a flexibility project under this
Act shall submit an annual report to the State educational
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.—(1) A State that participates
in a flexibility project under this Act shall submit an an-
nual report to the Secretary of Education which evaluates
the progress in achieving goals stated in the application.
(2) The State Educational Agency, upon receipt of
reports of local educational agencies or schools participat-
ing in a flexibility project, shall review such documents
and evaluate the progress of such programs in elevating
academic achievement for all students, accomplishing edu-
cation reform and meeting the National Education Goals.
Such reports and evaluations shall be submitted to the
Secretary of Education on an annual basis.
(c) SECRETARY REPORTS.—The Secretary of Edu-
cation shall submit to the Congress a biennial report,
based on State reports, regarding the national progress
of flexibility programs and the effect of such programs on
improving educational achievement for all students and
meeting the National Education Goals. The Secretary
shall disseminate information on exemplary practices
through the National Diffusion Network.
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