article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Flexibility Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) historically, Federal education programs have addressed the Nation's most pressing educational problems by providing categorical assistance with detailed requirements relating to the use of funds; (2) while the approach described in paragraph (1) has proven generally successful, some program requirements may inadvertently impede educational achievement; (3) the Nation's schools are being asked to deal effectively with increasingly diverse educational needs that current program structures may not be flexible enough to address; and (4) in an era when educational change and reform must prevail, it is more important than ever to provide programs that-- (A) result in improved educational outcomes for all students; (B) promote the coordination of education and related services that benefit children and their families; (C) respond flexibly to the needs of a diverse student population; (D) stop the proliferation of unnecessary Federal, State, and local regulation; and (E) place less emphasis on measuring resources and reviewing procedures and more emphasis on achieving program results. (b) Purpose.--It is the purpose of this Act to establish a national program which-- (1) promotes educational reform that leads to improved educational outcomes for participants in affected programs; (2) holds accountable the schools and other recipients of Federal funds for achieving specific educational goals in exchange for increased flexibility in the use of their resources; and (3) enables school and program administrators, teachers, parents, local educational agencies, and community groups to work together to develop effective education programs that meet the needs of all participants, particularly those who are disadvantaged. SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. Subpart 1 of part C of the General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after section 421A the following new section: ``SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. ``(a) Program Authorized.-- ``(1) In general.--(A) The Secretary, in accordance with this section, shall assist elementary and secondary schools and other service providers to improve the achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States to enable such States to conduct projects to improve the performance of schools and programs by increasing their flexibility in the use of their resources while holding them accountable for achieving educational gains. ``(B)(i) In support of these projects, the Secretary is authorized to waive any statutory or regulatory requirement (except as provided in subsection (e)) applicable to a program described in clause (ii) that the Secretary determines may impede the ability of a school or other service provider to meet the special needs of such students and other individuals in the most effective manner possible. The head of any other Federal agency is similarly authorized to waive such requirements (except as provided in subsection (e)) applicable to an elementary, secondary, or youth vocational training program described in clause (ii) and administered by such agency if the head of such agency and the Secretary agree that such a waiver would promote the purpose of this section. ``(ii) The Secretary shall only waive a statutory or regulatory requirement applicable to a program under-- ``(I) chapter 1 of title I of the Elementary and Secondary Education Act of 1965; ``(II) chapter 2 of title I of the Elementary and Secondary Education Act of 1965; ``(III) the Dwight D. Eisenhower Mathematics and Science Education Act; ``(IV) the Follow Through Act; ``(V) subtitle B of title VII of the Stewart B. McKinney Homeless Assistance Act; ``(VI) the Carl D. Perkins Vocational and Applied Technology Education Act, except part H of title III and funds allocated by States under section 232 of such Act; ``(VII) the Jacob K. Javits Gifted and Talented Students Education Act of 1988; ``(VIII) the Drug-Free Schools and Communities Act of 1986; and ``(IX) the Alcohol and Drug Abuse Education Act. ``(2) Project duration.--Projects assisted under this section, and any waivers associated with such projects, shall last not longer than 3 years, except that the Secretary may extend a project and any associated waivers for an additional 2 years if the Secretary determines that the project is making substantial progress in meeting its goals. ``(3) Termination.--The Secretary shall terminate a project and its associated waivers if the Secretary, at any time, determines it is not making acceptable progress toward meeting its goals. The head of any other Federal agency who has granted waivers under this section shall determine whether to extend or terminate those waivers, but the Secretary shall have exclusive authority to extend or terminate the project. ``(b) Eligibility.-- ``(1) In general.--(A) The Secretary shall only assist a project under this section in a State which has demonstrated to the satisfaction of the Secretary that the State has implemented a comprehensive regulatory reform plan at least 2 years prior to the date on which the State transmits approved applications pursuant to subsection (c)(2). ``(B) For the purposes of this section, the term `comprehensive regulatory reform plan' means a plan developed by a State that offers local educational agencies within such State waivers of certain State statutory and regulatory requirements while holding such local educational agencies accountable for improved performance of students affected by such waivers. ``(2) Grade and program requirement.--To the extent possible, each grade and academic program in a participating school shall participate in a project assisted under this section. ``(c) Applications.-- ``(1) Local.--A local educational agency desiring to participate in a project assisted under this section shall submit an application to the State educational agency for approval. ``(2) Approval and transmission to secretary.--The State educational agency shall transmit approved applications described in paragraph (1) to the Secretary. ``(3) Contents.--Each application transmitted pursuant to paragraph (2) shall include a plan which meets the purposes of the Educational Flexibility Act and-- ``(A) describes the purposes and overall expected outcomes of the project; ``(B) indicates the Federal programs and requirements of such programs which will be waived and how such waivers will improve or maintain educational achievement among all students affected by such programs and requirements; ``(C) indicates which State and local requirements will be waived; ``(D) describes specific, measurable, educational goals for each school or other site in the project and for each school year of the project, including-- ``(i) goals for improving the achievement of all participants, including disadvantaged individuals, with respect to achievement in basic and advanced skills; ``(ii) goals that reflect the broad purposes of each program for which a waiver is sought; and ``(iii) an explanation of how the applicant will measure progress in meeting the goals set for each school or site in the project and for disadvantaged individuals participating in the project; and ``(E) identifies the elementary or secondary schools to be included in the project and describes the student population at each such school, including-- ``(i) current data regarding the achievement of disadvantaged students as well as other students; and ``(ii) the number of students who-- ``(I) are of limited-English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; ``(II) are children with disabilities, as such term is defined in section 602(a)(1) of the Individuals with Disabilities Education Act; ``(III) are currently or formerly migratory; ``(IV) are educationally deprived, as determined by eligibility for assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and ``(V) are eligible for a free or reduced price school lunch. ``(d) Approval of Projects.-- ``(1) In general.--The Secretary shall approve an application from a State that the Secretary determines shows substantial promise of achieving the purposes of the Educational Flexibility Act after considering-- ``(A) the comprehensiveness of the project, including the types of students, schools, programs, and activities to be included; ``(B) the extent to which the provisions for which waivers are sought impede educational improvement; ``(C) the State and local requirements that will be waived for the project; ``(D) the significance and feasibility of the proposed project's goals for each participating school or site; and ``(E) the quality of the plan for ensuring accountability for the proposed plan's activities and goals. ``(2) Consultation.--The Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. Each such agency head shall notify the Secretary of any waivers granted by such agency head as part of such project. ``(3) Distribution of projects.--The Secretary shall ensure that, to the extent feasible, projects assisted under this section are geographically distributed, and equitably distributed among urban, suburban, and rural areas, as well as large and small schools. ``(e) Allocation of Federal Funds; Restriction on Waivers.-- ``(1) Allocation of federal funds.--Federal funds under any program that are used to support a project under this section shall be allocated to local educational agencies and other recipients within the local educational agency in accordance with the statutory and regulatory requirements that govern the operation of that program, except that, for the purpose of such a project, the Secretary (or the head of any other Federal agency) may extend the duration of, and provide continuation funding to, a project chosen on a competitive basis that a participating agency is conducting. ``(2) Restriction on waivers.--Neither the Secretary nor the head of any other Federal agency shall waive under this section any statutory or regulatory requirement in awarding a grant after the date of enactment of the Educational Flexibility Act to a service provider within the local educational agency or other applicant participating in a project under this section. ``(3) Special rule.--Neither the Secretary nor, where applicable, the head of any other Federal agency shall waive under this section any statutory or regulatory requirement-- ``(A) under section 438 and 439 of the General Education Provisions Act; ``(B) under title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, or title II of the Americans with Disabilities Act; ``(C) under the Individuals with Disabilities Education Act; or ``(D) relating to-- ``(i) maintenance of effort; ``(ii) comparability; or ``(iii) the equitable participation of students attending private schools. ``(f) Reports and Evaluations.-- ``(1) Project reports.--Each project assisted under this section shall submit, not later than 90 days after the end of each fiscal year of the project, an annual report to the Secretary that-- ``(A) summarizes the principal activities of the project; ``(B) contains school-by-school and other data, as described in the project plan, that show the extent to which the project is meeting its overall goals, including its goals for improving the achievement of all participants, particularly disadvantaged individuals, with respect to achievement in basic and advanced skills, and is meeting the goals for each school or other site; ``(C) describes the impact of the project on disadvantaged children in schools, if any, that are not participating in the project; ``(D) describes the effectiveness of efforts to coordinate programs and services for children and their families as appropriate; and ``(E) provides information or comparable data regarding the achievement levels demonstrated by children or students served pursuant to programs described in clause (ii) of subsection (a)(1)(B) during the preceding 3 fiscal years compared with the achievement levels demonstrated by children or students served under this section. ``(2) Secretary's report.--Beginning in fiscal year 1995 and every 2 years thereafter, the Secretary shall submit a report to the Congress that summarizes and analyzes the project reports required by paragraph (1). ``(3) Evaluation reports.--Within 7 years of the date of enactment of the Educational Flexibility Act, and at such interim points as the Secretary deems appropriate, the Secretary shall provide to the Congress an independent evaluation of the projects assisted under this section, as well as an evaluation of the program assisted under this section by the Department of Education and other affected Federal agencies. Such reports may include recommendations for amendments to program statutes that are based on the experience of projects that successfully raise educational achievement by eliminating or modifying statutory or regulatory provisions that impede educational improvement. ``(g) Definition.--For the purpose of this section, the term `disadvantaged students' includes students of limited English proficiency, children with disabilities, students who are currently or formerly migratory, and students who are educationally deprived. ``(h) Budget Neutrality.--The authority provided by this section shall not be exercised in a manner that, for any fiscal year, increases total obligations or outlays of discretionary appropriations for programs subject to such authority, or that increases total obligations or outlays of funding for all direct-spending programs subject to such authority over those that would have occurred absent such authority.''. S 525 IS----2
summary: Educational Flexibility Act - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service provides to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers for States by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary to waive a statutory or regulatory requirement only with respect to programs under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program they administer. Limits duration of projects and associated waivers. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of certain Federal laws relating to individuals with disabilities.