article: 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 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 statutes afford flexibility to State 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 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 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 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 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 affected programs, and maintaining such fundamental 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 achievement of all students, not process. SEC. 3. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP 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 eligible State to waive statutory or regulatory requirements 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 Education Act of 1965 (except section 3136 of such Act), other than requirements described in subsection (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 subparagraph (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, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary 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 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 developing and implementing the standards and assessments, and toward having local educational 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 submitted under paragraph (5), and for taking corrective 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. 5891(e)) is amended further by adding at the end the following: ``(8) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility demonstration program under this subsection for each of the fiscal years 1999 through 2003.''. (c) Accountability.--Section 311(f) of the Goals 2000: Educate America Act (20 U.S.C. 5891(f)) is amended by adding at the end the following: ``In the case of deciding whether to extend a State educational agency's authority to issue waivers under subsection (e), the Secretary also shall review the progress of the State educational agency to determine if such agency-- ``(1) has established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, the subject matter knowledge and pedagogical skill necessary to provide effective instruction in the content area or areas in which the teachers provide instruction; and ``(2) has decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.''. (d) Transition Rules.-- (1) Construction.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (A) Section 311(e) of the Goals 2000: Educate America Act as such section was in effect on the day before the date of enactment of this 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). (2) Eligibility.--A State educational agency that has been granted waiver authority under a provision of law described in subparagraph (A) or (B) of paragraph (1) prior to the date of enactment of this Act shall be eligible to apply for waiver authority under section 311(e) of the Goals 2000: Educate America Act as such section is in effect on the date of enactment of this Act.
summary: Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. Revises State eligibility requirements for Ed-Flex. Requires States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; and (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has: (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas; and (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.