SEC. 9207.
EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 REAUTHORIZATION
Section Summary
ESSA Update
SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999
REAUTHORIZATION.
(a) Definitions.--Section 3(1) of the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended--
(1) in the paragraph heading, by striking ``Local'' and
inserting ``Educational service agency; local'';
(2) by striking ``The terms'' and inserting ``The terms
`educational service agency',''; and
(3) by striking ``section 9101'' and inserting ``section
8101''.
(b) General Provisions.--Section 4 of the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 5891b) is amended to read as follows:
``SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM.
``(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, educational service 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 academic standards, and aligned
assessments, described in paragraphs (1) and (2)
of section 1111(b) of the Elementary and Secondary
Education Act of 1965, and is producing the report
cards required by section 1111(h) of such Act; or
``(ii) if the State has adopted new
challenging State academic standards under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965, as a result of the
amendments made to such Act by the Every Student
Succeeds Act, made substantial progress (as
determined by the Secretary) toward developing and
implementing such standards and toward producing
the report cards required under section 1111(h) of
such Act;
``(B) will hold local educational agencies,
educational service agencies, and schools accountable
for meeting the
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educational goals described in the local applications
submitted under paragraph (4) and for engaging in
technical assistance and, as applicable and appropriate,
implementing comprehensive support and improvement
activities and targeted support and improvement
activities under section 1111(d) of the Elementary and
Secondary Education Act of 1965; and
``(C) waives State statutory or regulatory
requirements relating to education while holding local
educational agencies, educational service agencies, 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
desiring to participate in the educational flexibility
program under this section shall submit an application
to the Secretary 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
educational agency will use to evaluate
applications from local educational agencies,
educational service agencies, or schools
requesting waivers of--
``(I) Federal statutory or
regulatory requirements 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 flexibility plan, which may include
innovative methods to leverage resources to
improve program efficiencies that benefit
students;
``(iv) a description of how the educational
flexibility plan is coordinated with activities
described in subsections (b), (c), and (d) of
section 1111 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, educational service
agencies, and local educational agencies affected
by the waivers; and
``(vi) a description of how the State
educational agency will meet the requirements of
paragraph (7).
``(B) Approval and considerations.--
``(i) In general.--By not later than 90 days
after the date on which a State has submitted an
application described in subparagraph (A), the
Secretary shall issue a written decision that
explains why such application has been approved or
disapproved, and the process
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for revising and resubmitting the application for
reconsideration.
``(ii) Approval.--The Secretary may approve an
application described in subparagraph (A) only if
the Secretary determines that such application
demonstrates substantial promise of assisting the
State educational agency and affected local
educational agencies, educational service
agencies, and schools within the State in carrying
out comprehensive educational reform, after
considering--
``(I) the eligibility of the State
as described in paragraph (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)--
``(aa) are clear and have
the ability to be assessed; and
``(bb) take into account the
performance of local educational
agencies, educational service
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
Federal 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,
educational service agency, or school requesting a
waiver of a Federal statutory or regulatory 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 educational
agency may reasonably require. Each such application
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,
which may include innovative methods to leverage
resources to improve program efficiencies that
benefit students;
``(iii) describe, for each school year,
specific, measurable, educational goals for each
local educational agency, educational service
agency, or school affected by the proposed waiver,
and for the students served
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by the local educational agency, educational
service agency, or school who are affected by the
waiver;
``(iv) explain why the waiver will assist the
local educational agency, educational service
agency, or school in reaching such goals; and
``(v) in the case of an application from a
local educational agency or educational service
agency, describe how the agency will meet the
requirements of paragraph (7).
``(B) Evaluation of applications.--A State
educational agency shall evaluate an application
submitted 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,
educational service agency, or school requesting
such waiver has developed a local reform plan
that--
``(I) is applicable to such agency
or school, respectively; and
``(II) may include innovative
methods to leverage resources to improve
program efficiencies that benefit
students;
``(ii) the waiver of Federal statutory or
regulatory requirements as described in paragraph
(1)(A) will assist the local educational agency,
educational service 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, educational service 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 or
temporarily suspend any waiver granted to the local
educational agency, educational service agency, or
school if the State educational agency determines, after
notice and an opportunity for a hearing, that--
``(i) there is compelling evidence of
systematic waste, fraud, or abuse;
``(ii) the performance of the local
educational agency, educational service agency, or
school with respect to meeting the accountability
requirement described in paragraph (2)(C) and the
goals described in subparagraph (A)(iii) has been
inadequate to justify continuation of such waiver;
``(iii) student achievement in the local
educational agency, educational service agency, or
school has decreased; or
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``(iv) substantial progress has not been made
toward meeting the long-term goals and
measurements of interim progress established by
the State under section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act of 1965.
``(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, educational service
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 Partnership 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 regulatory
requirements under this section,
including 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 student 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 managers that the data reported
under this section are reliable,
complete, and accurate, as defined by
the State, or a description of a plan
for improving the reliability,
completeness, and accuracy of such data
as defined by the State.
``(C) Secretary's reports.--The Secretary shall
annually--
``(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.--
``(i) Duration.--The Secretary shall approve
the application of a State educational agency
under paragraph (3) for a period of not more than
5 years.
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``(ii) Automatic extension during review.--The
Secretary shall automatically extend the authority
of a State to continue as an Ed-Flex Partnership
State until the Secretary has--
``(I) completed the performance
review of the State educational agency's
educational flexibility plan as
described in subparagraph (B); and
``(II) issued a final decision on
any pending request for renewal that was
submitted by the State educational
agency.
``(iii) Extension of approval.--The Secretary
may extend the authority of a State to continue as
an Ed-Flex Partnership State if the Secretary
determines that the authority of the State
educational agency to grant waivers--
``(I) has been effective in enabling
such State or affected local educational
agencies, educational service 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.--
``(i) In general.--Following the expiration of
an approved educational flexibility program for a
State that is designated an Ed-Flex Partnership
State, the Secretary shall have not more than 180
days to complete a review of the performance of
the State educational agency in granting waivers
of Federal statutory or regulatory requirements as
described in paragraph (1)(A) to determine if the
State educational agency--
``(I) has achieved, or is making
substantial progress towards achieving,
the objectives described in the
application submitted pursuant to
paragraph (3)(A)(iii) and the specific
long-term goals and measurements of
interim progress established under
section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act
of 1965; and
``(II) demonstrates that local
educational agencies, educational
service agencies, or schools affected by
the waiver authority or waivers have
achieved, or are making progress toward
achieving, the desired goals described
in the application submitted pursuant to
paragraph (4)(A)(iii).
``(ii) Termination of authority.--The
Secretary shall terminate the authority of a State
educational agency to grant waivers of Federal
statutory or regulatory requirements as described
in paragraph (1)(A) if the Secretary determines,
after providing the State educational agency with
notice and an opportunity for a hearing, that such
agency's performance has been inadequate to
justify continuation of such authority based on
such agency's performance against the specific
long-term goals and measurements of interim
progress
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established under section 1111(c)(4)(A)(i) of the
Elementary and Secondary Education Act of 1965.
``(C) Renewal.--
``(i) In general.--Each State educational
agency desiring to renew an approved educational
flexibility program under this section shall
submit a request for renewal to the Secretary not
later than the date of expiration of the approved
educational flexibility program.
``(ii) Timing for renewal.--The Secretary
shall either approve or deny the request for
renewal by not later than 90 days after completing
the performance review of the State described in
subparagraph (B).
``(iii) Determination.--In deciding whether to
extend a request of a State educational agency for
the 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--
``(I) has made progress toward
achieving the objectives described in
the State application submitted pursuant
to paragraph (3)(A)(iii); and
``(II) demonstrates in the request
that local educational agencies,
educational service agencies, or schools
affected by the waiver authority or
waivers have made progress toward
achieving the desired goals described in
the local application submitted pursuant
to paragraph (4)(A)(iii).
``(D) Termination.--
``(i) In general.--The Secretary shall
terminate or temporarily suspend the authority of
a State educational agency to grant waivers under
this section if the Secretary determines that--
``(I) there is compelling evidence
of systematic waste, fraud or abuse; or
``(II) after notice and an
opportunity for a hearing, such agency's
performance (including performance with
respect to meeting the objectives
described in paragraph (3)(A)(iii)) has
been inadequate to justify continuation
of such authority.
``(ii) Limited compliance period.--A State
whose authority to grant such waivers has been
terminated shall have not more than 1 additional
fiscal year to come into compliance in order to
seek renewal of the authority to grant waivers
under this section.
``(7) Public notice and comment.--Each State educational
agency seeking waiver authority under this section and each
local educational agency, educational service agency, or school
seeking a waiver under this section--
``(A) shall provide the public with adequate and
efficient notice of the proposed waiver authority or
waiver, consisting of a description of the agency's
application for the proposed waiver authority or waiver
on each agency's website, including a description of any
improved student performance that is expected to result
from the waiver authority or waiver;
[[Page 129 STAT. 2148]]
``(B) shall provide the opportunity for parents,
educators, school administrators, and all other
interested members of the community to comment regarding
the proposed waiver authority or waiver;
``(C) shall provide the opportunity described in
subparagraph (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
application of the agency or school to the Secretary or
the State educational agency, as appropriate.
``(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements for
programs that are authorized under the following provisions and under
which the Secretary provides funds to State educational agencies on the
basis of a formula:
``(1) The following provisions of the Elementary and
Secondary Education Act of 1965:
``(A) Part A of title I (other than section 1111).
``(B) Part C of title I.
``(C) Part D of title I.
``(D) Part A of title II.
``(E) Part A of title IV.
``(2) The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).
``(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--
``(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
educational agencies;
``(F) serving eligible school attendance areas in
rank order in accordance with 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 attendance area or school of the local
educational agency that meets the requirements of such
subsections;
``(H) use of Federal funds to supplement, not
supplant, non-Federal funds; and
``(I) applicable civil rights requirements; and
``(2) unless the State educational agency can demonstrate
that the underlying purposes of the statutory requirements
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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.--Any designation of a State as an Ed-Flex
Partnership State that was in effect on the date of enactment of
the Every Student Succeeds Act shall be immediately extended for
a period of not more than 5 years, if the Secretary makes the
determination described in paragraph (2).
``(2) Determination.--The determination referred to in
paragraph (1) is a determination that the performance of the
State educational agency, in carrying out the programs for which
the State has received a waiver under the educational
flexibility program, justifies the extension of the designation.
``(e) Publication.--A notice of the Secretary's decision to
authorize 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.''.
NCLB Text
(o) Education Flexibility Partnership Act of 1999.--Section 3(1) of
the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1))
is amended by striking ``14101'' and inserting ``9101''.
(p) District of Columbia College Access Act of 1999.--Section
3(c)(5) of the District of Columbia College Access Act of 1999 (Public
Law 106-98; 113 Stat. 1323) is amended--
(1) by striking ``14101'' and inserting ``9101''; and
(2) by striking ``(20 U.S.C. 8801)''.
SEC. 1073. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.
Section 4(b) of the Education Flexibility Partnership Act of 1999
(20 U.S.C. 5891b(b)) is amended to read as follows:
``(b) Included Programs.--The statutory or regulatory requirements
referred to in subsection (a)(1)(A) are any such requirements for
programs that are authorized under the following provisions and under
which the Secretary provides funds to State educational agencies on the
basis of a formula:
``(1) The following provisions of the Elementary and
Secondary Education Act of 1965:
``(A) Part A (other than sections 1111 and 1116),
subpart 3 of part B, and parts C, D, and F of title I.
``(B) Subparts 2 and 3 of part A of title II.
``(C) Subpart 1 of part D of title II.
``(D) Subpart 4 of part B of title III, if the
funding trigger in section 3001 of such Act is not
reached.
``(E) Subpart 1 of part A of title IV.
``(F) Part A of title V.
``(2) The Carl D. Perkins Vocational and Technical Education
Act of 1998 (20 U.S.C. 2301 et seq.).''.
