[House Report 106-100]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-100
=======================================================================
EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999
_______
April, 20, 1999.--Ordered to be printed
_______
Mr. Goodling, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 800]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
800), to provide for education flexibility partnerships, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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 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 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 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 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
Secondary Education Act of 1965 (Dwight D. Eisenhower
Professional Development Program), 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. 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
attendance 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 Education 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.
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 1 or more programs
described in subsection (b), otherthan
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
section 1116(a)(3) of such Act; or
(ii)(I) developed and implemented
the content standards described in
clause (i);
(II) developed and implemented
interim assessments; and
(III) made substantial progress (as
determined by the Secretary) toward
developing and implementing the
performance standards and final aligned
assessments described in clause (i),
and toward having local 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 educational 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 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 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;
(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
description of how the educational
flexibility plan is coordinated 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) only if the Secretary
determines that such application demonstrates
substantial promise of assisting the State
educational 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 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)--
(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
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 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;
(iii) describe, for each school
year, specific, measurable, 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 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
accountabilityrequirement 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 2
consecutive years, unless the State
educational agency determines that the
decrease in performance was justified
due to exceptional 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 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,
not later than 2 years after the date of
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 educational 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 objectives 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--
(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 educational agencies or
schools affected by the waiver
authority or waivers have made progress
toward achieving the desired results
described in the application 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, consisting 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, educators, and all other interested
members of the communityto 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 agency's application 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 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--
(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 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 attendance area or
school ofthe 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
requirements 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 provisions 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 requirements 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 the date of 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
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.
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)(1)(A)(ii)(I) of the
Individuals with Disabilities Education Act (20 U.S.C.
1415(k)(1)(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
enactment of this Act.
And the Senate agree to the same.
Bill Goodling,
Peter Hoekstra,
Michael N. Castle,
James Greenwood,
Mark Souder,
Bob Schaffer,
Managers on the Part of the House.
Jim Jeffords,
Judd Gregg,
Bill Frist,
Mike DeWine,
Michael B. Enzi,
Tim Hutchinson,
Susan Collins,
Sam Brownback,
Chuck Hagel,
Jeff Sessions,
Ted Kennedy,
Chris Dodd,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Patty Murray,
Jack Reed,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 800) to provide
for education flexibility partnerships, submit the following
joint statement to the House and the Senate in explanation of
the effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
Short Title
1. Both the House bill and the Senate amendment are
identical in this section.
Findings
2. The findings are identical in both the House bill and
the Senate amendment except for finding (6). See note 3.
Descriptive note.
3. The House bill, but not the Senate amendment, mentions
the important focus on math and science in the Eisenhower
Professional Development Program as an example of the intent
and purposes of programs to be maintained under Ed-Flex.
The Senate recedes.
Definitions
4. The House bill, but not the Senate amendment, contains
two additional definitions. Those are: ``attendance area''
because this term is mentioned in (c)(F), which defines an
unauthorized Title I school eligibility waiver and ``Ed-Flex
Partnership State'' in order to make clear that the term refers
to an eligible state. The Senate amendment, but not the House
bill includes a definition of ``outlying areas''. The House
bill refers to this definition under ESEA.
The Senate recedes on attendance area. The House recedes
on Ed-Flex Partnership State and the Senate recedes with an
amendment to include cross-reference to the definition of
``outlying area.''
Education Flexibility Partnership Program
5. The Senate amendment, but not the House bill, in Part
(a)(1)(A) does not permit the State to waive requirements on
itself.
The House recedes.
Eligible State
6. The House bill requires a state to have implemented
more of their Title I plan than the Senate amendment. See Notes
7 and 8. The House bill and the Senate amendment differ in how
they measure the performance of local applicants. See Note 9.
7. The Senate amendment but not the House bill, includes
the phrase, ``including the requirements of that section
relating to disaggregation of data.'' The House bill refers to
disaggregation of data by reference.
The Senate recedes. Provisions regarding disaggregation
of data are included in the portion of section 1111(b) of the
Elementary and Secondary Education Act which deals with
assessments. These provisions were highlighted in the Senate
bill, but specific reference to them was not included in the
conference agreement. Conferees were concerned that a specific
reference to only one of the requirements of section 1111(b)
could create the inaccurate impression that States wanting to
participate in the educational flexibility programs would be
held to requirements beyond those currently in the law.
8. The House bill requires content standards and interim
assessments to be in place, in addition to having made
substantial progress towards developing and implementing
performance standards and final aligned assessments. The Senate
amendment requires substantial progress for content and
performance standards as well as final aligned assessments.
The Senate recedes. The Conferees would like to clarify
congressional intent with respect to State compliance with the
Elementary and Secondary Education Act (ESEA) Title I, Part A,
standards and assessment requirements (Sec. 1111(b)) as an
eligibility criterion both for Ed-Flex authority under H.R. 800
and for participation in ESEA, Title 1, Part A. Under both Ed-
Flex and Title 1, Part A, uniform State standards and uniform
State assessments are not required as a condition for either
being granted Ed-Flex authority or continuing to receive
financial assistance under Title 1, Part A. However, if a State
does not have uniform State standards and assessments, the
State must have in effect, or be making substantial progress
toward having in effect, local standards and assessments
approved by the State in order for the State to be granted Ed-
Flex authority. The Conferees expect the Department of
Education to maintain its current interpretation of the
provisions of ESEA, Title 1, Section 1111(b) as published in
the policy guidance in 1997. This guidance reflects the
understanding of the Conferees that States, such as Nebraska
and Iowa, can comply with section 1111(b) of Title 1, Part A if
the State has implemented uniform statewide standards and
assessments, has a statewide system with local standards and
assessments approved by the State; or has local standards or
assessments approved by the State on the basis of models or
criteria to ensure challenging standards and high quality,
aligned assessments.
9. The House bill requires states to hold LEAs and
schools accountable for meeting goals listed in waiver
applications to be eligible. The Senate amendment has an
additional requirement that States are implementing corrective
action measures under Title I for schools that fail to make
adequate yearly progress.
The Senate recedes with an amendment to insert the words
``and for engaging in the technical assistance and corrective
actions consistent with section 1116 of the Elementary and
Secondary Education Act of 1965, for the local educational
agencies and schools that do not make adequate yearly progress
as described in section 1111(b) of that Act'' after ``paragraph
(4)''
State Application
10. The House bill and Senate amendment differ in how
States are to measure and set objectives. See Note 11-14.
11. The House bill, but not the Senate amendment,
requires states to describe specific objectives in their
application.
The Senate recedes with an amendment to delete
``specific'' and insert ``clear.''
12. The Senate amendment, but not the House bill requires
state applications to reference State comprehensive plans or
Section 1111(b) of ESEA (Title I standards and assessments).
The House recedes.
13. The House bill, but not the Senate amendment,
requires local progress to be measured by using the local
applicants' objectives, as defined by the section of the bill
(a)(4)(A)(iii) requiring local applicants to set specific and
measurable goals for schools and groups of students affected by
waivers. The Senate amendment, but not the House bill, requires
States to evaluate the performance of local applicants and
students affected by waivers in general, not defined by local
applications.
The House recedes.
14. Both the House bill and the Senate amendment require
States to describe how they will notify the public of waivers
granted. The House bill requires States to provide assurances
that it will provide notice with a minimum requirement of 30
days or in accordance with state law. The Senate amendment
requires ``adequate and efficient'' notice and opportunity for
comment. See note 18 for local comment and notice.
The House recedes.
Approval and Considerations
15. The Senate amendment, but not the House bill,
explicitly requires the Secretary to consider a state's
eligibility for Ed-Flex in approving their application. The
House bill, but not the Senate amendment requires the Secretary
to evaluate their objectives according to their specificity and
their connection to students, schools and districts.
The Senate recedes with an amendment to add (B)(i) from
the Senate bill and to revise (B)(iii) of the House bill to
read as follows: ``(iii) 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.''
Local Application
16. Both the House bill and the Senate amendment are
identical with the exception of (iii) and (v). See notes 17 and
18.
17. The House bill, but not the Senate amendment,
requires goals for each group of students affected by a
proposed waiver, in addition to the LEA or school.
The Senate recedes with an amendment to revise ``(iii)''
to read as follows:
(iii) describe, for each school year, specific,
measurable, educational goals for each local
educational agency or school affected by the proposed
waiver and their students;
18. Local public notice and comment: See Note 14.
The House recedes.
Evaluation of Applications
19. Both the House bill and the Senate amendment are
identical.
20. The Senate amendment stipulates that the SEA should
consider how a waiver will help improve school and student
performance when evaluating applications. The House bill
requires the SEA to be satisfied that the LEA or school will
continue to meet the underlying purposes of the statues
included in this legislation.
The House and Senate recede taking both provisions.
21. The House bill requires a statistically significant
decrease for two consecutive years until waivers can be
terminated. The Senate amendment requires termination if
performance has been ``inadequate'' to justify continuing the
waiver.
The House recedes with an amendment to have the title
read ``Termination'' and to insert at the end of (5)(B) of the
Senate bill the following: ``or has decreased for two
consecutive years (unless the State educational agency
determines that the decrease in performance was justified due
to exceptional or uncontrollable circumstances).''
Oversight and Reporting
22. The House bill entitles this section Oversight and
Reporting. The Senate amendment entitles this section
``Monitoring and Performance Review.''
The Senate recedes.
23. The House bill, but not the Senate amendment,
stipulates that monitoring ``shall include a review of relevant
audit, technical assistance, evaluation, and performance
reports.'' Both the House bill and the Senate amendment require
states to submit an annual report, but the House bill states
this in (ii) and the Senate amendment states this in (i).
The Senate recedes with an amendment to strike ``Such
monitoring shall include a review of relevant audit, technical
assistance, evaluation, and performance reports.'' While not
listing in statute the specific reports to be reviewed, the
conferees anticipate that State educational agencies will
utilize these resources in their monitoring of local
educational agencies and schools which have received waivers.
24. The House bill and the Senate amendment require
states to submit performance data. However, the House bill, but
not the Senate amendment, requires States to submit performance
data after two years of being an Ed-Flex state.
The Senate recedes.
progress reports
25. The House bill requires the Secretary to report to
Congress on an annual basis the impact of Ed-Flex on
performance objectives and to make state reports available to
Congress. The Senate amendment requires a report to Congress
after the first year and biennially thereafter. In general, the
Senate amendment requires the Secretary to report what the
House bill prescribes for the states. The Senate amendment in
(1) requires the Secretary to describe the federal statutes and
regulations for which they have received waiver authority. The
House bill but not the Senate amendment specifies the type of
information to be reported on waivers granted. The Senate
amendment only requires information on waivers of state
regulations and statutes. The House bill, but not the Senate
amendment requires specific data on types of waivers granted
and requires a report on the relationship between the waivers
and meeting objectives. The Senate amendment in 3 and 4
requires that they describe ``the effect'' on implementation of
reforms and student performance. (cf. Note 38).
The Senate recedes with an amendment to: (a) change
(B)(i)(II) to read as follows--``information describing
the effect of waivers granted on the implementation of
State and local educational reforms pertaining to
school and student performance;'' (b) add a new
(B)(i)(III) to read as follows--``information
describing the relationship of waivers granted to the
performance of schools and students affected by the
waivers.'' (c) add a new (B)(i)(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.'' (d) change
(B)(ii)(II) to read as follows--``submit to Congress a
report that summarizes the State reports ensuring that
such reports address the effect that the educational
flexibility program under this section has had on the
implementation of State and local educational reforms
and on the performance of students affected by the
waivers.''
duration of federal waivers
26. The Senate amendment, but not the House bill,
requires that states ``continue to meet the accountability
requirements described in subsection (a)(2)(B), and has
improved student performance'' in order for authority to be
extended.
The House recedes.
performance review
27. The House bill requires that the Secretary review the
performance of States after three years of being an Ed-Flex
State. The Senate amendment requires the Secretary to review
the performance of States ``periodically.''
The House recedes with an amendment specifying that the
review be conducted three years after designation and to insert
``, including meeting the objectives described in paragraph
(3)(A)(iii),'' after ``performance''.
authority to issue waivers
28. The House bill authorizes this program beginning in
FY 1999. The Senate amendment begins this authorization in FY
2000.
The Senate recedes.
public notice and comment
29. See Notes 14 and 18.
The House recedes with an amendment to insert after
``waiver'' in line 6 ``, including a description of any
improved performance of students that is expected to result
from the waiver authority or waiver,'' and to insert after
``received'' on line 11 ``and made available for review by any
member of the public,''.
included programs
30. The House bill and the Senate amendment are identical
except that subsection 4(b)(1) of the Senate amendment excludes
the Local Review and School Improvement sections of Title I.
The House recedes. It is the intent of the conferees
that, if an LEA has higher standards than the State standard,
then locally approved standards may be used for purposes of
determining schools in need of improvement or need for
corrective action.
waivers not authorized
31. The Senate amendment specifies that the Secretary and
the State may not waive these provisions. The House bill only
addresses the Secretary.
The House recedes.
title i waivers
32. The House bill prohibits Title I school eligibility
waivers unless they are marginally below the necessary poverty
level. The Senate amendment prohibits waivers of Title I rank-
order requirements for schools with more than 75% poverty.
The House recedes on Senate language and the Senate
recedes on House language with an amendment changing the low-
income percentage from within 5 percentage points to 10
percentage points, and clarifying the applicable subsections of
section 1113 of Title I, Part A of the Elementary and Secondary
Education Act.
treatment of existing ed-flex states
33. The House bill protects the authority of current Ed-
Flex States by stating that this Act does not apply to them
until they apply to renew their authority. The Senate amendment
permanently exempts existing Ed-Flex States from being affected
by this statute.
The Senate recedes with an amendment which makes clear
that the performance of the current 12 Ed-Flex States will be
judged, when they re-apply for Ed-Flex status at the end of
their current 5 year period, on the basis of section 311(e) of
the Goals 2000: Educate America Act. The application itself,
must conform to the new requirements of the Education
Flexibility Partnership Act. The amendment also provides that,
upon enactment of this Act, the 12 existing Ed-Flex States may
exercise Ed-Flex waiver authority with respect to the
technology programs under subpart 2 of part A of Title III of
the Elementary and Secondary Education Act (other than section
3136 of such Act).
renewal
34. The House bill stipulates when renewing Ed-Flex
Authority, the Secretary must determine whether SEAs have made
measureable progress in accordance with their measurable
objectives, as well as whether SEAs demonstrate that LEAs or
schools have made measurable progress. The House bill also
exempts current Ed-Flex States (see Note 33). The Senate
amendment requires the Secretary to review generally the
progress of those affected by Ed-Flex authority or waivers
towards meeting goals set in local applications.
The Senate recedes with an amendment striking the word
``measurable'' in (e)(1)(A) and (B) and changing the word
``Accountability'' in the heading to ``Renewal''.
35. The House bill, but not the Senate amendment,
clarifies that when current Ed-Flex States apply to renew their
authority, their progress should be measured in accordance with
the terms under which they were granted their authority.
However, when their authority expires and they receive renewed
authority this law will apply to them.
The Senate recedes. The conferees have addressed renewal
for the 12 Ed-Flex States in note 33.
publication
36. The Senate amendment, but not the House bill,
requires the Secretary to include the rationale for granting a
State Ed-Flex authority when publishing notice in the Federal
Register.
The House recedes.
effective date
37. The House bill, but not the Senate amendment, sunsets
this law when ESEA reauthorization is enacted.
The House recedes. The Conferees believe that when the
Congress considers the Elementary and Secondary Education Act
it will have to take into consideration the changes made to
this Act and make whatever changes and adjustments are required
to ensure that both laws operate in a coordinated fashion so as
to provide as much flexibility as possible to States and local
educational agencies.
flexibility to design class size reduction
38. The Senate amendment, but not the House bill,
includes findings stating the impact of fully funding IDEA and
amends the 1999 Omnibus Appropriations Act to allow LEAs to use
class size reduction funds for IDEA part B.
The Senate recedes with an amendment providing that, if a
local educational agency has a class size in grades 1 through 3
of 18 or fewer children, the local educational agency may use
the funds made available for class-size reduction under the
Department of Education Appropriations Act for fiscal year 1999
for professional development without entering into a consortia.
Currently, a local educational agency that is eligible
for amounts less than the starting salary for a teacher must
form a consortium in order to receive any class-size reduction
funds. Under the conference agreement, such an agency would
still have to form a consortium if it does not meet the
criteria of having a class size in grades 1 through 3 of 18 or
fewer children or if it plans to use the funds to reduce class
size. Such an agency would not have to form a consortium if it
has a class size in grades 1 through 3 of 18 or fewer children
and plans to use the funds for professional development.
In addition, the conferees note that--under current law--
any local educational agency that has a class size of 18 or
fewer children may use class-size-reduction funds made
available to take further class size reductions in grades 1
through 3, to reduce class size in kindergarten, or other
grades, or to carry out activities to improve teacher quality--
including professional development.
flexibility to design dropout prevention programs
39. The Senate amendment, but not the House bill includes
findings stating that fully funding IDEA would free up funds at
the local level to develop dropout programs to best address
their needs and amends the 1999 Omnibus Appropriations Act to
allow LEAs to use class size reduction funds for IDEA part B.
The Senate recedes.
authorization of appropriations
40. The Senate amendment, but not the House bill
authorizes $150 million in additional funds for IDEA.
The Senate recedes.
flexibility to develop after school programs
41. The Senate amendment, but not the House bill includes
findings stating that fully funding IDEA would free up funds at
the local level to develop after-school programs to best
address their needs and amends the 1999 Omnibus Appropriations
Act to allow LEAs to use class size reduction funds for IDEA
part B.
The Senate recedes.
additional authorization of appropriations
42. The Senate amendment, but not the House bill,
authorizes $600 million in additional appropriations for IDEA
part B.
The Senate recedes.
flexibility to develop programs to reduce social promotion and
establish school accountability procedures
43. The Senate amendment, but not the House bill includes
findings stating that fully funding IDEA would free up funds at
the local level to develop programs to reduce social promotion,
establish school accountability programs or any other programs
to best address their needs and amends the 1999 Omnibus
Appropriations Act to allow LEAs to use class size reduction
funds for IDEA part B.
The Senate recedes.
alternative educational setting
44. The Senate amendment, but not the House bill,
includes an amendment to IDEA that subjects a child with a
disability to the discipline provisions if they possess a
weapon at school, in addition to carrying a weapon to school
(current law) and applies this new provision to conduct
occurring not earlier than the date of enactment of this Act.
The House recedes.
further authorization of appropriations
45. The Senate amendment, but not the House bill,
authorizes $500 million in additional appropriations for IDEA
part B.
The Senate recedes.
Bill Goodling,
Peter Hoekstra,
Michael N. Castle,
James Greenwood,
Mark Souder,
Bob Schaffer,
Managers on the Part of the House.
Jim Jeffords,
Judd Gregg,
Bill Frist,
Mike DeWine,
Michael B. Enzi,
Tim Hutchinson,
Susan Collins,
Sam Brownback,
Chuck Hagel,
Jeff Sessions,
Ted Kennedy,
Chris Dodd,
Tom Harkin,
Barbara A. Mikulski,
Jeff Bingaman,
Patty Murray,
Jack Reed,
Managers on the Part of the Senate.