article: SECTION 1. FLEXIBILITY FOR SCHOOLS. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) is amended-- (1) by redesignating sections 8001 through 8005 as 10001 through 10005; and (2) by inserting after title VII the following: ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT ``SEC. 8001. PURPOSE. ``It is the purpose of this title to allow States, local educational agencies, and schools the flexibility to use and combine Federal, State, and local funds as part of systemic educational reform plans to improve the educational achievement of elementary and secondary school students by waiving certain statutory and regulatory requirements. ``SEC. 8002. PROGRAM AUTHORIZED. ``(a) Education Programs.--The Secretary of Education is authorized to waive certain statutory and regulatory requirements (except as provided in section 8004) for States that can demonstrate that such waivers are part of a systemwide education reform plan and where such States and local educational agencies have implemented similar waiver plans. ``(b) Additional Programs.--Waivers may also be requested for requirements regarding the following programs: ``(1) The Head Start Act. ``(2) The Runaway and Homeless Youth Act. ``(3) The Juvenile Justice and Delinquency Prevention Act. ``(4) The National School Lunch Act. ``(5) The School Breakfast Program. ``(6) The Child and Adult Care Food Program. ``(7) The Special School Milk Program. ``(8) The Summer Food Service Program. ``(9) The Community Services Block Grant Program. ``If such waivers are requested, the Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. The Secretary shall obtain the approval of such agency head as part of final approval of such project. ``SEC. 8003. APPLICATIONS. ``(a) General Requirements.--A school, local educational agency, or State that desires to receive a waiver under this title shall-- ``(1) indicate which requirements are to be waived and how waiving such requirements is an integral part of the systemic reform plan and will improve educational achievement among students; ``(2) identify the Federal programs to be included in the project; ``(3) indicate which State and local requirements shall be waived; ``(4) describe specific, measurable educational improvement goals and expected outcomes; ``(5) describe methods to be used to measure progress toward meeting such goals; ``(6) describe the student population at proposed schools, including-- ``(A) current data regarding the achievement levels of students, particularly disadvantaged students; ``(B) 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 defined in section 602(a)(1) of the Individuals with Disabilities Act; ``(iii) are currently or within the past 5 years were migratory; ``(iv) are educationally deprived for the purposes of chapter 1 of title I of this Act; 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 title shall submit an application to the local education agency, which shall submit such application to the State education agency. ``(d) Local Applications.--(1) A local educational agency that desires to receive a waiver under this title shall submit an application to the State educational agency. ``(2) A State educational agency that approves an application submitted by a local education agency shall forward such application to the Secretary of Education for consideration, unless such application requires waivers for programs other than education programs. ``(3) An application that requests a waiver for a program other than an education program shall be submitted to the chief executive of the State and such executive shall forward such application to the Secretary. ``(e) State Applications.--(1) A State educational agency that desires to receive a waiver under this title shall submit an application to the Secretary 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. ``SEC. 8004. WAIVER RESTRICTIONS. ``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 Rehabilitation Act of 1973; ``(5) provisions of title II of the Americans with Disabilities Education Act; ``(6) requirements of title IX of the Education Amendments of 1972; ``(7) requirements governing pupil rights under the Individuals with Disabilities Act; and ``(8) requirements governing-- ``(A) maintenance of effort; ``(B) comparability; or ``(C) the equitable participation of students attending private schools. ``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE. ``(a) Local Evaluation.--Three years after a waiver is given to a local educational agency, the Secretary of Education shall evaluate the effectiveness of such waiver in achieving education reform and raising student achievement. ``(b) Technical Assistance.--If the Secretary determines that progress in achieving educational reform is not satisfactory, the Secretary may provide technical assistance to a local educational agency. ``(c) Termination.--If the Secretary determines that the technical assistance does not improve educational reform efforts, the Secretary may terminate any waivers previously granted. ``(d) National Evaluation.--Five years after the flexibility program is implemented and at the end of every succeeding five-year period, the Secretary shall evaluate the effectiveness of the flexibility program nationwide. The findings of such evaluation shall be submitted to the Congress not later than 120 days after such evaluation is completed. ``SEC. 8006. REPORTS. ``(a) Local Reports.--A local educational agency or school that participates in a flexibility project under this title 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.--A State that participates in a flexibility project under this title shall submit an annual report to the Secretary of Education which evaluates the progress in achieving goals stated in the application. ``(c) Secretary Reports.--The Secretary of Education shall submit to the Congress a biennial report regarding the national progress of flexibility programs and the effect of such programs on educational reform.''.
summary: Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. Sets forth requirements for waiver applications, restrictions, evaluations, technical assistance, and reports.