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