text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``State Innovation Pilot Act of 
  2011''.
  
  SEC. 2. PURPOSES.
  
      The purposes of this Act are--
              (1) to support State, local, and tribal leadership and 
          innovation in preparing all students to meet State-developed 
          college and career ready academic content standards and student 
          academic achievement standards, by establishing a process to 
          permit State, local, and tribal educational leaders to 
          implement alternative and innovative strategies to improve 
          student academic achievement and otherwise meet the purposes of 
          the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
          6301 et seq.); and
              (2) to direct the Secretary of Education to defer to State, 
          local, and tribal judgments regarding how best to accomplish 
          the purposes of the Elementary and Secondary Education Act of 
          1965.
  
  SEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
  
      Section 9401 of the Elementary and Secondary Education Act of 1965 
  (20 U.S.C. 7861) is amended--
              (1) by striking subsection (a) and inserting the following:
      ``(a) In General.--
              ``(1) Request for waiver.--A State educational agency, 
          local educational agency, or Indian tribe that receives funds 
          under a program authorized under this Act may submit a request 
          to the Secretary to waive any statutory or regulatory 
          requirement of this Act.
              ``(2) Receipt of waiver.--Except as provided in subsection 
          (c), the Secretary shall waive any statutory or regulatory 
          requirement of this Act for a State educational agency, local 
          educational agency, Indian tribe, or school (through a local 
          educational agency), that submits a waiver request pursuant to 
          this subsection.'';
              (2) in subsection (b)--
                      (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph 
                          (A), by inserting ``, which shall include a 
                          plan'' after ``waiver request to the 
                          Secretary'';
                              (ii) in subparagraph (B), by striking ``and 
                          how the waiving of those requirements will'' 
                          and all that follows through the end, and 
                          inserting a semicolon;
                              (iii) by redesignating subparagraph (E) as 
                          subparagraph (F); and
                              (iv) by striking subparagraphs (C) and (D), 
                          and inserting the following:
                      ``(C) reasonably demonstrates that the waiver will 
                  improve instruction for students, advance student 
                  academic achievement, and contribute to student mastery 
                  of knowledge and skills, consistent with the State's 
                  college and career ready academic content standards and 
                  student academic achievement standards;
                      ``(D) describes the methods the State educational 
                  agency, local educational agency, or Indian tribe will 
                  use to--
                              ``(i) monitor the effectiveness of the 
                          implementation of the plan; and
                              ``(ii) assure regular evaluation and 
                          continuous improvement of the plan;
                      ``(E) as applicable to the waiver request--
                              ``(i) describes the State educational 
                          agency, local educational agency, or Indian 
                          tribe's process for making valid and meaningful 
                          accountability determinations, based on student 
                          academic achievement, to review the success of 
                          schools and local educational agencies or 
                          Indian tribes in implementing the State's 
                          college and career ready academic content 
                          standards and student academic achievement 
                          standards;
                              ``(ii) describes the State educational 
                          agency, local educational agency, or Indian 
                          tribe's process for accurately and meaningfully 
                          identifying, supporting, and intervening in 
                          underperforming schools, consistent with 
                          applicable State or local policy; and
                              ``(iii) includes information on how the 
                          State educational agency, local educational 
                          agency, or Indian tribe will maintain and 
                          improve transparency in reporting to parents 
                          and the public on student achievement and 
                          school performance, including the achievement 
                          of students according to the student subgroups 
                          described in subclauses (I) through (IV) of 
                          section 1111(b)(2)(B)(viii); and'';
                      (B) in paragraph (2)(B)(i)(II), by striking ``(on 
                  behalf of, and based on the requests of, local 
                  educational agencies)'' and inserting ``(on their own 
                  behalf, or on behalf of, and based on the requests of, 
                  local educational agencies in the State)'';
                      (C) in paragraph (3)(A), in the matter preceding 
                  clause (i), by inserting ``or on behalf of local 
                  educational agencies in the State,'' after ``acting on 
                  its own behalf,''; and
                      (D) by adding at the end the following:
              ``(4) Peer review.--
                      ``(A) Peer review team.--
                              ``(i) In general.--The Secretary shall 
                          establish multi-disciplinary peer review teams 
                          and appoint members to such teams, including 
                          persons who have experience with a State 
                          educational agency (or local educational agency 
                          or Indian tribe, as appropriate) and broader 
                          education reform experience, to review waiver 
                          requests under this section if--
                                      ``(I) the Secretary requests such 
                                  input in order to approve a waiver 
                                  request; or
                                      ``(II) the Secretary intends to 
                                  disapprove a request.
                              ``(ii) Team in place for all waiver 
                          requests.--The Secretary may, at the 
                          Secretary's discretion, have a peer review team 
                          review all waiver requests submitted under this 
                          section.
                      ``(B) Applicability.--The Secretary may approve a 
                  waiver request under this section without conducting a 
                  peer review of the request, but shall use the peer 
                  review process under this paragraph before disapproving 
                  such a request.
                      ``(C) Purpose of peer review.--The peer review 
                  process shall be designed to--
                              ``(i) promote effective implementation of 
                          State-developed college and career ready 
                          academic content standards and student academic 
                          achievement standards, through State and local 
                          innovation; and
                              ``(ii) provide transparent feedback to 
                          State educational agencies, local educational 
                          agencies, or Indian tribes, designed to 
                          strengthen the applicant's plan described under 
                          paragraph (1)(C).
                      ``(D) Standard and nature of review.--Peer 
                  reviewers shall conduct a good faith review of waiver 
                  requests submitted to them under this section. Peer 
                  reviewers shall review such waiver requests--
                              ``(i) in their totality;
                              ``(ii) in deference to State and local 
                          judgment; and
                              ``(iii) with the goal of promoting State- 
                          and local-led innovation.
              ``(5) Waiver determination, demonstration, and revision.--
                      ``(A) In general.--The Secretary shall approve a 
                  waiver request not more than 90 days after the date on 
                  which such request is submitted, unless the Secretary 
                  determines and demonstrates that--
                              ``(i) the waiver request does not meet the 
                          requirements of this section;
                              ``(ii) the waiver is not permitted under 
                          subsection (c);
                              ``(iii) the plan that is required under 
                          paragraph (1)(C), and reviewed with deference 
                          to State and local judgment, provides no 
                          reasonable basis to determine that a waiver 
                          will enhance student academic achievement; or
                              ``(iv) the waiver request does not provide 
                          for adequate evaluation to ensure review and 
                          continuous improvement of the plan, consistent 
                          with paragraph (1)(D).
                      ``(B) Waiver determination and revision.--If the 
                  Secretary determines and demonstrates that the waiver 
                  request does not meet the requirements of this section, 
                  the Secretary shall--
                              ``(i) immediately--
                                      ``(I) notify the State educational 
                                  agency, local educational agency, or 
                                  Indian tribe of such determination; and
                                      ``(II) at the request of the State 
                                  educational agency, local educational 
                                  agency, or Indian tribe, provide 
                                  detailed reasons for such determination 
                                  in writing;
                              ``(ii) offer the State educational agency, 
                          local educational agency, or Indian tribe an 
                          opportunity to revise and resubmit the waiver 
                          request not more than 60 days after the date of 
                          such determination; and
                              ``(iii) if the Secretary determines that 
                          the resubmission does not meet the requirements 
                          of this section, at the request of the State 
                          educational agency, local educational agency, 
                          or Indian tribe, conduct a public hearing not 
                          more than 30 days after the date of such 
                          resubmission.
                      ``(C) Waiver disapproval.--The Secretary may 
                  disapprove a waiver request if--
                              ``(i) the State educational agency, local 
                          educational agency, or Indian tribe has been 
                          notified and offered an opportunity to revise 
                          and resubmit the waiver request, as described 
                          under clauses (i) and (ii) of subparagraph (B); 
                          and
                              ``(ii) the State educational agency, local 
                          educational agency, or Indian tribe--
                                      ``(I) does not revise and resubmit 
                                  the waiver request; or
                                      ``(II) revises and resubmits the 
                                  waiver request, and the Secretary 
                                  determines that such waiver request 
                                  does not meet the requirements of this 
                                  section after a hearing conducted under 
                                  subparagraph (B)(iii).
                      ``(D) External conditions.--The Secretary shall not 
                  disapprove a waiver request under this section based on 
                  conditions outside the scope of the waiver request.'';
              (3) in subsection (d)--
                      (A) in the heading, by adding ``; Limitations'' 
                  after ``Duration and Extension of Waiver''; and
                      (B) by adding at the end the following:
              ``(3) Specific limitations.--The Secretary shall not 
          require a State educational agency, local educational agency, 
          or Indian tribe, as a condition of approval of a waiver 
          request, to--
                      ``(A) include in, or delete from, such request, 
                  specific academic content standards or academic 
                  achievement standards;
                      ``(B) use specific academic assessment instruments 
                  or items; or
                      ``(C) include in, or delete from, such waiver 
                  request any criterion that specifies, defines, or 
                  prescribes the standards or measures that a State or 
                  local educational agency uses to establish, implement, 
                  or improve--
                              ``(i) State academic content standards or 
                          academic achievement standards;
                              ``(ii) assessments;
                              ``(iii) State accountability systems;
                              ``(iv) systems that measure student growth;
                              ``(v) measures of other academic 
                          indicators; or
                              ``(vi) teacher and principal evaluation 
                          systems.'';
              (4) in subsection (e)--
                      (A) in paragraph (1)--
                              (i) by striking the heading and inserting 
                          ``Waiver reports'';
                              (ii) in the matter preceding subparagraph 
                          (A)--
                                      (I) by striking ``local educational 
                                  agency that receives'' and inserting 
                                  ``State educational agency, local 
                                  educational agency, or Indian tribe 
                                  that receives''; and
                                      (II) by striking ``submit a report 
                                  to the State educational agency that'' 
                                  and inserting ``submit a report to the 
                                  Secretary that'';
                      (B) by striking paragraphs (2) and (3);
                      (C) by redesignating paragraph (4) as paragraph 
                  (2); and
                      (D) in paragraph (2), (as redesignated by 
                  subparagraph (C)), by striking ``Beginning in fiscal 
                  year 2002 and for each subsequent year, the Secretary 
                  shall submit to the Committee'' and inserting ``The 
                  Secretary shall annually submit to the Committee''; and
              (5) in subsection (f), by inserting ``and the recipient of 
          the waiver has failed to make revisions needed to carry out the 
          purpose of the waiver,'' after ``has been inadequate to justify 
          a continuation of the waiver''.
target: State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements.
  
  Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards; (2) the plan will be evaluated regularly and improved continuously; (3) they will review implementation of the college and career readiness standards; (4) they will identify, support, and intervene in underperforming schools; and (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance.
  
  Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements.
  
  Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation.
  
  Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests.
  
  Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems.
feat_title: A bill to amend section 9401 of the Elementary and Secondary Education Act of 1965 with regard to waivers of statutory and regulatory requirements.