I
105TH CONGRESS
2D SESSION
H. R. 4590
To allow all States to participate in activities under the Education Flexibility
Partnership Demonstration Act.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 1998
Mr. CASTLE (for himself and Mr. ROEMER) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To allow all States to participate in activities under the
Education Flexibility Partnership Demonstration Act.
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 ‘‘Education Flexibility
Amendments of 1998’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States differ substantially in demographics,
in school governance, and in school finance and
funding. The administrative and funding mecha-
nisms 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
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 Govern-
ment 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 edu-
cational reforms with both Federal and State funds,
and are responsible for maintaining accountability
for local activities consistent with State standards
and assessment systems. Therefore, State edu-
cational agencies are often in the best position to
align waivers of Federal and State requirements
with State and local initiatives.
(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.
(6) Expansion of the waiver authority under
such Act will allow for the waiver of statutory and
regulatory requirements that impede implementation
of State and local educational improvement plans, or
that unnecessarily burden program administration,
while maintaining the intent and purposes of af-
fected programs, and maintaining such fundamental
requirements as those relating to civil rights, edu-
cational equity, and accountability.
(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 proc-
ess.
SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PART-
NERSHIP DEMONSTRATION ACT.
(a) IN GENERAL.—Section 311(e) of the Goals 2000:
Educate America Act (20 U.S.C. 5891(e)) is amended—
(1) in paragraph (2)—
(A) by amending subparagraph (A) to read
as follows:
‘‘(A) IN
GENERAL.—The Secretary may
carry out an education flexibility demonstration
program under which the Secretary authorizes
a State educational agency that serves an eligi-
ble State to waive statutory or regulatory re-
quirements applicable to 1 or more programs or
Acts described in subsection (b) or 1 or more
programs described in subpart 2 of part A of
title III of the Elementary and Secondary Edu-
cation Act of 1965 (except section 3136 of such
Act), other than requirements described in sub-
section (c) of this Act and section 14401(c) of
the Elementary and Secondary Education Act
of 1965, for the State educational agency or
any local educational agency or school within
the State.’’;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(2) in paragraph (3), by amending subpara-
graph (A) to read as follows:
‘‘(A)(i) has—
‘‘(I) developed a State improvement
plan under section 306;
‘‘(II) 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
Secondary Education Act of 1965, includ-
ing the requirements of that section relat-
ing to disaggregation of data, and for
which local educational agencies in the
State are producing the individual school
performance profiles required by section
1116(a) of such Act; or
‘‘(III) made substantial progress, as
determined by the Secretary, toward devel-
oping 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 the educational
goals described in the local applications submit-
ted under paragraph (5), and for taking correc-
tive actions, consistent with section 1116 of the
Elementary and Secondary Education Act of
1965, for the local educational agencies that do
not meet the goals; and’’.
(b) AUTHORITY TO ISSUE WAIVERS.—Section 311(e)
of the Goals 2000: Educate America Act (20 U.S.C.
America Act as such section is in effect on the date
of enactment of this Act.
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