Education Flexibility Partnership Act of 1999
PL 106-25 (H.R.800), enacted 04/29/1999

PUBLIC LAW 106-25—APR. 29, 1999 
113 STAT. 41 
Public Law 106-25 
106th Congress 
An Act 
To provide for education flexibility partnerships. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
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 funding. The administra-
tive and funding mechanisms that help schools in one 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 educational agencies and local educational 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 impedi-
ments 
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 reforms with both 
Federal and State funds, and are responsible for maintaining 
accountability for local activities consistent with State stand-
ards and assessment systems. Therefore, State educational 
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 Demonstration 
Act allows State educational agencies the flexibility to waive 
certain Federal requirements, along with related State require-
ments, but allows only 12 States to qualify for such waivers. 
(6) Expansion of waiver authority 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 affected programs, 
such as the important focus on improving mathematics and 
science performance under title II of the Elementary and 
Apr. 29, 1999 
[H.R. 800] 
Education 
Flexibility 
Partnership Act 
of 1999. 
Inter-
governmental 
relations. 
20 u s e 5801 
note. 
20 u s e 5891b 
note. 
69-194-01 - 3 : QL 3 Part 1 
113 STAT. 42 
PUBLIC LAW 106-25—APR. 29, 1999 
Secondary Education Act of 1965 (Dwight D. Eisenhower Profes-
sional Development Program), and maintaining such fundamen-
tal requirements as those relating to civil rights, educational 
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 achieve-
ment of all students, not process. 
20 use 5891a. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
LOCAL 
EDUCATIONAL AGENCY; STATE EDUCATIONAL 
AGENCY; OUTLYING AREA.—^The terms 
"local 
educational 
agency", "State educational agency", and "outlying area" have 
the meanings given the terms in section 14101 of the 
Elementary and Secondary Education Act of 1965. 
(2) ELIGIBLE SCHOOL ATTENDANCE AREA; SCHOOL ATTEND-
ANCE AREA.—^The terms "eligible school attendance area" and 
"school attendance area" have the meanings given the terms 
in section 1113(a)(2) of the Elementary and Secondary Edu-
cation Act of 1965. 
(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 Commonwealth of Puerto Rico, 
and each outlying area. 
20 use 5891b. 
SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. 
(a) EDUCATIONAL FLEXIBILITY PROGRAM.— 
(1) PROGRAM AUTHORIZED.— 
(A) IN GENERAL.—The Secretary may carry out an 
educational flexibility program under which the Secretary 
authorizes a State educational agency that serves an 
eligible State to waive statutory or regulatory requirements 
applicable to one or more programs described in subsection 
(b), other than requirements described in subsection (c), 
for any local educational agency or school within the State. 
(B) DESIGNATION.—Each eligible State participating in 
the program described in subparagraph (A) shall be known 
as an "Ed-Flex Partnership State". 
(2) ELIGIBLE STATE.—For the purpose of this section the 
term "eligible State" means a State that— 
(A) has— 
(i) developed and implemented the challenging 
State content standards, challenging State student 
performance 
standards, and aligned 
assessments 
described in section 1111(b) of the Elementary and 
Secondary Education Act of 1965, and for which local 
educational agencies in the State are producing the 
individual school performance profiles required by sec-
tion 1116(a)(3) of such Act; or 
(ii)(I) developed and implemented the content 
standards described in clause (i); 
(II) developed and implemented interim assess-
ments; and 
(III) made substantial progress (as determined by 
the Secretary) toward developing and implementing 
the performance standards and final aligned assess-
ments described in clause (i), and toward having local 
PUBLIC LAW 106-25—APR. 29, 1999 
113 STAT. 43 
educational agencies in the State produce the profiles 
described in clause (i); 
(B) holds local educational 
agencies and schools 
accountable for meeting the educational goals described 
in the local applications submitted under paragraph (4) 
and for engaging in technical assistance and corrective 
actions consistent with section 1116 of the Elementary 
and Secondary Education Act of 1965, for the local edu-
cational agencies and schools that do not make adequate 
yearly progress as described in section 1111(b)(2) of such 
Act; and 
(C) waives State statutory or regulatory requirements 
relating to education while holding local educational agen-
cies or schools within the State that are affected by such 
waivers accountable for the performance of the students 
who are affected by such waivers. 
(3) STATE APPLICATION.— 
(A) IN GENERAL.—Each State educational agency desir-
ing to participate in the educational flexibility program 
under this section 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 edu-
cational agency will use to evaluate applications from 
local educational agencies or schools requesting waiv-
ers of— 
(I) Federal statutory or regulatory require-
ments as described in paragraph (1)(A); and 
(II) State statutory or regulatory requirements 
relating to education; 
(ii) a detailed description of the State statutory 
and regulatory requirements relating to education that 
the State educational agency will waive; 
(iii) a description of clear educational objectives 
the State intends to meet under the educational flexi-
bility plan; 
(iv) a description of how the educational 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 descrip-
tion of how the educational flexibility plan is coordi-
nated with activities described in section 1111(b) of 
the Elementary and Secondary Education Act of 1965; 
(v) a description of how the State educational 
agency will evaluate, (consistent with the requirements 
of title I of the Elementary and Secondary Education 
Act of 1965), the performance of students in the schools 
and local educational agencies affected by the waivers; 
and 
(vi) a description of how the State educational 
agency will meet the requirements of paragraph (8). 
(B) APPROVAL AND CONSIDERATIONS.—^The Secretary 
may approve an application described in subparagraph (A) 
113 STAT. 44 
PUBLIC LAW 106-25—APR. 29, 1999 
only if the Secretary determines that such appHcation dem-
onstrates substantial promise of assisting the State edu-
cational agency and affected local educational agencies and 
schools within the State in carrying out comprehensive 
educational reform, after considering— 
(i) the eligibility of the State as described in para-
graph (2); 
(ii) the comprehensiveness and quality of the 
educational flexibility plan described in subparagraph 
(A); 
(iii) the ability of the educational flexibility plan 
to ensure accountability for the activities and goals 
described in such plan; 
(iv) the degree to which the State's objectives 
described in subparagraph (A)(iii)^— 
(I) are clear and have the ability to be 
assessed; and 
(II) take into account the performance of local 
educational agencies or schools, and students, 
particularly those affected by waivers; 
(v) the significance of the State statutory or 
regulatory requirements relating to education that will 
be waived; and 
(vi) the quality of the State educational agency's 
process for approving applications for waivers of Fed-
eral statutory or regulatory requirements as described 
in paragraph (1)(A) and for monitoring and evaluating 
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 regu-
latory 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 edu-
cational agency may reasonably require. Each such applica-
tion shall— 
(i) indicate each Federal program affected and each 
statutory or regulatory requirement that will be 
waived; 
(ii) describe the purposes and overall expected 
results of waiving each such requirement; 
(iii) describe, for each school year, specific, measur-
able, educational goals for each local educational 
agency or school affected by the proposed waiver, and 
for the students served by the local educational agency 
or school who are affected by the waiver; 
(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 requirements of paragraph (8). 
(B) 
EVALUATION 
OF 
APPLICATIONS.—^A 
State 
educational agency shall evaluate an application submitted 
PUBLIC LAW 106-25—APR. 29, 1999 
113 STAT. 45 
under subparagraph (A) in accordance with the State's 
educational flexibility plan described in paragraph (3)(A). 
(C) APPROVAL.—^A State educational agency 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; 
(ii) the waiver of Federal statutory or regulatory 
requirements as described in paragraph (1)(A) will 
assist the local educational agency or school in reaching 
its educational goals, particularly goals with respect 
to school and student performance; and 
(iii) the State educational agency is satisfied that 
the underlying purposes of the statutory requirements 
of each program for which a waiver is granted will 
continue to be met. 
(D) TERMINATION.—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 paragraph (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 an 
opportunity for a hearing, that the local educational agency 
or school's performance with respect to meeting the 
accountability requirement described in paragraph (2)(C) 
and the goals described in paragraph (4)(A)(iii)— 
(i) has been inadequate to justify continuation of 
such waiver; or 
(ii) has decreased for two consecutive years, unless 
the State educational agency determines that the 
decrease in performance was justified due to excep-
tional or uncontrollable circumstances. 
(5) OVERSIGHT AND REPORTING.— 
(A) 
OVERSIGHT.—Each 
State 
educational 
agency 
participating in the educational flexibility program under 
this section shall annually monitor the activities of local 
educational agencies and schools receiving waivers under 
this section. 
(B) STATE REPORTS.— 
(i) 
ANNUAL 
REPORTS.—^The 
State 
educational 
agency shall submit to the Secretary an annual report 
on the results of such oversight and the impact of 
the waivers on school and student performance. 
(ii) PERFORMANCE DATA.—Not later than 2 years 
after the date a State is designated an Ed-Flex Partner-
ship State, each such State shall include, as part of 
the State's annual report submitted under clause (i), 
data demonstrating the degree to which progress has 
been made toward meeting the State's educational 
objectives. The data, when applicable, shall include— 
(I) information on the total number of waivers 
granted for Federal and State statutory and regu-
latory requirements under this section, including 
113 STAT. 46 
PUBLIC LAW 106-25—APR. 29, 1999 
Public 
information. 
the number of waivers granted for each type of 
waiver; 
(II) information describing the effect of the 
waivers on the implementation of State and local 
educational reforms pertaining to school and stu-
dent performance; 
(III) information describing the relationship 
of the waivers to the performance of schools and 
students affected by the waivers; and 
(IV) an assurance from State program man-
agers that the data reported under this section 
are reliable, complete, and accurate, as defined 
by the State, or a description of a plan for improv-
ing the reliability, completeness, and accuracy of 
such data as defined by the State. 
(C) SECRETARY'S REPORTS.—^The Secretary, not later 
than 2 years after the date of the enactment of this Act 
and annually thereafter, shall— 
(i) make each State report submitted 
under 
subparagraph (B) available to Congress and the public; 
and 
(ii) submit to Congress a report that summarizes 
the State reports and describes the effects that the 
educational flexibility program under this section had 
on the implementation of State and local educational 
reforms and on the performance of students affected 
by the waivers. 
(6) DURATION OF FEDERAL WAIVERS.— 
(A) IN GENERAL.—^The Secretary shall not approve the 
application of a State educational agency under paragraph 
(3) 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— 
(i) has been effective in enabling such State or 
affected local educational agencies or schools to carry 
out their State or local reform plans and to continue 
to meet the accountability requirement described in 
paragraph (2)(C); and 
(ii) has improved student performance. 
(B) PERFORMANCE REVIEW.—Three years after the date 
a State is designated an Ed-Flex Partnership State, the 
Secretary shall review the performance of the State edu-
cational agency in granting waivers of Federal statutory 
or regulatory requirements as described in paragraph (1)(A) 
and shall terminate such agency's authority to grant such 
waivers if the Secretary determines, after notice and an 
opportunity for a hearing, that such agency's performance 
(including performance with respect to meeting the objec-
tives described in paragraph (3)(A)(iii)) has been inadequate 
to justify continuation of such authority. 
(C) RENEWAL.—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 educational agency to determine if the State 
educational agency— 
PUBLIC LAW 106-25—APR. 29, 1999 
113 STAT. 47 
(i) has made progress toward achieving the 
objectives described in the application 
submitted 
pursuant to paragraph (3)(A)(iii); and 
(ii) demonstrates in the request that local edu-
cational agencies or schools affected by the waiver 
authority or waivers have made progress toward 
achieving the desired results described in the applica-
tion submitted pursuant to paragraph (4)(A)(iii). 
(7) AUTHORITY TO ISSUE WAIVERS.—Notwithstanding any 
other provision of law, the Secretary is authorized to carry 
out the educational flexibility program under this section for 
each of the fiscal years 1999 through 2004. 
(8) PUBLIC NOTICE AND COMMENT.—Each State educational 
agency seeking waiver authority under this section and each 
local educational agency seeking a waiver under this section— 
(A) shall provide the public with adequate and efficient 
notice of the proposed waiver authority or waiver, consist-
ing of a description of the agency's application for the 
proposed waiver authority or waiver in a widely read or 
distributed 
medium, 
including a description 
of any 
improved student performance that is expected to result 
from the waiver authority or waiver; 
(B) shall provide the opportunity for parents, edu-
cators, and all other interested members of the community 
to comment regarding the proposed waiver authority or 
waiver; 
(C) shall provide the opportunity described in subpara-
graph (B) in accordance with any applicable State law 
specifying how the comments may be received, and how 
the comments may be reviewed by any member of the 
public; and 
(D) shall submit the comments received with the agen-
cy's application to the Secretary or the State educational 
agency, as appropriate. 
(b) INCLUDED PROGRAMS.—^The statutory or regulatory require-
ments referred to in subsection (a)(1)(A) are any such requirements 
for programs carried out under the following provisions: 
(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 Secondary 
Education Act of 1965. 
(3) Subpart 2 of part A of title III of the Elementary 
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 Technical Education 
Act of 1998. 
(c) WAIVERS NOT AUTHORIZED.—The Secretary and the State 
educational agency may not waive under subsection (a)(1)(A) any 
statutory or regulatory requirement— 
(1) relating to— 
113 STAT. 48 
PUBLIC LAW 106-25—APR. 29, 1999 
(A) maintenance of effort; 
(B) comparability of services; 
(C) equitable participation of students and professional 
staff in private schools; 
(D) parental participation and involvement; 
(E) distribution of funds to States or to local edu-
cational agencies; 
(F) serving eligible school attendance areas in rank 
order under section 1113(a)(3) of the Elementary and 
Secondary Education Act of 1965; 
(G) the selection of a school attendance area or school 
under subsections (a) and (b) of section 1113 of the 
Elementary and Secondary Education Act of 1965, except 
that a State educational agency may grant a waiver to 
allow a school attendance area or school to participate 
in activities under part A of title I of such Act if the 
percentage of children from low-income families in the 
school attendance area of such school or who attend such 
school is not less than 10 percentage points below the 
lowest percentage of such children for any school attend-
ance area or school of the local educational agency that 
meets the requirements of such subsections (a) and (b); 
(H) use of Federal funds to supplement, not supplant, 
non-Federal funds; and 
(I) applicable civil rights requirements; and 
(2) unless the underlying purposes of the statutory require-
ments of the program for which a waiver is granted continue 
to be met to the satisfaction of the Secretary. 
(d) TREATMENT OF EXISTING ED-FLEX PARTNERSHIP STATES.— 
(1) IN GENERAL.—Except as provided in paragraphs (3) 
and (4), this section shall not apply to a State educational 
agency that has been granted waiver authority under the provi-
sions of law described in paragraph (2) for the duration of 
the waiver authority. 
(2) APPLICABLE PROVISIONS.—The provisions of law referred 
to in paragraph (1) are as follows: 
(A) Section 311(e) of the Goals 2000: Educate America 
Act. 
(B) The proviso referring to such section 311(e) under 
the heading "EDUCATION REFORM" in the Department of 
Education Appropriations Act, 1996 (Public Law 104-134; 
110 Stat. 1321-229). 
(3) SPECIAL RULE.—If a State educational agency granted 
waiver authority pursuant to the provisions of law described 
in subparagraph (A) or (B) of paragraph (2) applies to the 
Secretary for waiver authority under this section— 
(A) the Secretary shall review the progress of the State 
educational agency in achieving the objectives set forth 
in the application submitted pursuant to section 311(e) 
of the Goals 2000: Educate America Act; and 
(B) the Secretary shall administer the waiver authority 
granted under this section in accordance with the require-
ments of this section. 
(4) TECHNOLOGY.—In the case of a State educational agency 
granted waiver authority under the provisions of law described 
in subparagraph (A) or (B) of paragraph (2), the Secretary 
shall permit a State educational agency to expand, on or after 
PUBLIC LAW 106-25—APR. 29, 1999 
113 STAT. 49 
the date of the enactment of this Act, the waiver authority 
to include programs under subpart 2 of part A of title III 
of the Elementary and Secondary Education Act of 1965 (other 
than section 3136 of such Act). 
(e) PUBLICATION.—^A notice of the Secretary's decision to author-
ize 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 (including educators, parents, students, and 
advocacy and civil rights organizations), and the public. 
SEC. 5. FLEXIBILITY TO DESIGN CLASS SIZE REDUCTION PROGRAMS. 
Section 307 of the Department of Education Appropriations 
Act, 1999, is amended— 
(1) in subsection (b)(2), by inserting "(except as provided 
in subsection (c)(2)(D))" before the period; and 
(2) in subsection (c)(2), by adding at the end the following: 
"(D) If a local educational agency has already reduced 
class size in the early grades to 18 or fewer children and 
intends to use funds provided under this section to carry out 
professional development activities, including activities to 
improve teacher quality, then the State shall make the award 
under subsection (b) to the local educational agency without 
requiring the formation of a consortium.". 
SEC. 6. ALTERNATIVE EDUCATIONAL SETTING. 
(a) IN GENERAL.—Section 615(k)(l)(A)(ii)(I) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1415(k)(l)(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 subsection (a) shall 
apply to conduct occurring not earlier than the date of the enact-
ment of this Act. 
Federal Register, 
publication. 
Public 
information. 
112 Stat. 
2681-375. 
20 u s e 1415 
note. 
Approved April 29, 1999. 
LEGISLATIVE HISTORY—H.R. 800 (8. 271) (S. 280): 
HOUSE REPORTS: Nos. 106-43 (Comm. on Education and the Workforce) and 
106-100 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Mar. 10, considered in House. 
Mar. 11, considered and passed House; passed Senate, amended, in lieu of 
S. 280. 
Apr. 21, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Apr. 29, Presidential remarks.