text: SECTION 1. FLEXIBILITY FOR SCHOOLS.
  
      The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 
  et seq.) is amended--
              (1) by redesignating sections 8001 through 8005 as 10001 
          through 10005; and
              (2) by inserting after title VII the following:
  
        ``TITLE VIII--FLEXIBILITY TO IMPROVE EDUCATIONAL ACHIEVEMENT
  
  ``SEC. 8001. PURPOSE.
  
      ``It is the purpose of this title to allow States, local 
  educational agencies, and schools the flexibility to use and combine 
  Federal, State, and local funds as part of systemic educational reform 
  plans to improve the educational achievement of elementary and 
  secondary school students by waiving certain statutory and regulatory 
  requirements.
  
  ``SEC. 8002. PROGRAM AUTHORIZED.
  
      ``(a) Education Programs.--The Secretary of Education is authorized 
  to waive certain statutory and regulatory requirements (except as 
  provided in section 8004) for States that can demonstrate that such 
  waivers are part of a systemwide education reform plan and where such 
  States and local educational agencies have implemented similar waiver 
  plans.
      ``(b) Additional Programs.--Waivers may also be requested for 
  requirements regarding the following programs:
              ``(1) The Head Start Act.
              ``(2) The Runaway and Homeless Youth Act.
              ``(3) The Juvenile Justice and Delinquency Prevention Act.
              ``(4) The National School Lunch Act.
              ``(5) The School Breakfast Program.
              ``(6) The Child and Adult Care Food Program.
              ``(7) The Special School Milk Program.
              ``(8) The Summer Food Service Program.
              ``(9) The Community Services Block Grant Program.
  ``If such waivers are requested, the Secretary shall consult with the 
  heads of other appropriate Federal agencies, if any, in determining 
  whether to approve a project. The Secretary shall obtain the approval 
  of such agency head as part of final approval of such project.
  
  ``SEC. 8003. APPLICATIONS.
  
      ``(a) General Requirements.--A school, local educational agency, or 
  State that desires to receive a waiver under this title shall--
              ``(1) indicate which requirements are to be waived and how 
          waiving such requirements is an integral part of the systemic 
          reform plan and will improve educational achievement among 
          students;
              ``(2) identify the Federal programs to be included in the 
          project;
              ``(3) indicate which State and local requirements shall be 
          waived;
              ``(4) describe specific, measurable educational improvement 
          goals and expected outcomes;
              ``(5) describe methods to be used to measure progress 
          toward meeting such goals;
              ``(6) describe the student population at proposed schools, 
          including--
                      ``(A) current data regarding the achievement levels 
                  of students, particularly disadvantaged students;
                      ``(B) the number of students who--
                              ``(i) are of limited English proficiency, 
                          as defined in section 7003(a)(1) of the 
                          Bilingual Education Act;
                              ``(ii) are children with disabilities, as 
                          defined in section 602(a)(1) of the Individuals 
                          with Disabilities Act;
                              ``(iii) are currently or within the past 5 
                          years were migratory;
                              ``(iv) are educationally deprived for the 
                          purposes of chapter 1 of title I of this Act; 
                          and
                              ``(v) are eligible for a free or reduced-
                          price lunch.
      ``(b) Additional Requirements.--The Secretary of Education may 
  include additional requirements as may reasonably be required.
      ``(c) Individual School Applications.--A local school that desires 
  to receive a waiver under this title shall submit an application to the 
  local education agency, which shall submit such application to the 
  State education agency.
      ``(d) Local Applications.--(1) A local educational agency that 
  desires to receive a waiver under this title shall submit an 
  application to the State educational agency.
      ``(2) A State educational agency that approves an application 
  submitted by a local education agency shall forward such application to 
  the Secretary of Education for consideration, unless such application 
  requires waivers for programs other than education programs.
      ``(3) An application that requests a waiver for a program other 
  than an education program shall be submitted to the chief executive of 
  the State and such executive shall forward such application to the 
  Secretary.
      ``(e) State Applications.--(1) A State educational agency that 
  desires to receive a waiver under this title shall submit an 
  application to the Secretary for consideration, unless such application 
  requires waivers for other than education programs.
      ``(2) Such application shall be submitted to the chief executive of 
  the State for review before forwarding such application to the 
  Secretary.
  
  ``SEC. 8004. WAIVER RESTRICTIONS.
  
      ``Requirements which shall not be waived include--
              ``(1) requirements governing fund allocations;
              ``(2) requirements governing privacy of pupil records;
              ``(3) requirements under title VI of the Civil Rights Act 
          of 1964;
              ``(4) provisions of section 504 of the Rehabilitation Act 
          of 1973;
              ``(5) provisions of title II of the Americans with 
          Disabilities Education Act;
              ``(6) requirements of title IX of the Education Amendments 
          of 1972;
              ``(7) requirements governing pupil rights under the 
          Individuals with Disabilities Act; and
              ``(8) requirements governing--
                      ``(A) maintenance of effort;
                      ``(B) comparability; or
                      ``(C) the equitable participation of students 
                  attending private schools.
  
  ``SEC. 8005. EVALUATIONS AND TECHNICAL ASSISTANCE.
  
      ``(a) Local Evaluation.--Three years after a waiver is given to a 
  local educational agency, the Secretary of Education shall evaluate the 
  effectiveness of such waiver in achieving education reform and raising 
  student achievement.
      ``(b) Technical Assistance.--If the Secretary determines that 
  progress in achieving educational reform is not satisfactory, the 
  Secretary may provide technical assistance to a local educational 
  agency.
      ``(c) Termination.--If the Secretary determines that the technical 
  assistance does not improve educational reform efforts, the Secretary 
  may terminate any waivers previously granted.
      ``(d) National Evaluation.--Five years after the flexibility 
  program is implemented and at the end of every succeeding five-year 
  period, the Secretary shall evaluate the effectiveness of the 
  flexibility program nationwide. The findings of such evaluation shall 
  be submitted to the Congress not later than 120 days after such 
  evaluation is completed.
  
  ``SEC. 8006. REPORTS.
  
      ``(a) Local Reports.--A local educational agency or school that 
  participates in a flexibility project under this title shall submit an 
  annual report to the State educational agency that--
              ``(1) describes project activities;
              ``(2) evaluates the progress in achieving the goals stated 
          in the application; and
              ``(3) evaluates the effectiveness of coordinating services 
          for students and their families.
      ``(b) State Reports.--A State that participates in a flexibility 
  project under this title shall submit an annual report to the Secretary 
  of Education which evaluates the progress in achieving goals stated in 
  the application.
      ``(c) Secretary Reports.--The Secretary of Education shall submit 
  to the Congress a biennial report regarding the national progress of 
  flexibility programs and the effect of such programs on educational 
  reform.''.
target: Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children.  Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. 
  Sets forth requirements for waiver applications, restrictions, evaluations, technical assistance, and reports.
feat_title: To provide flexibility in education.