text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Education Flexibility Amendments of 
  1998''.
  
  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 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 the waiver authority under such Act 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, 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. EXPANSION OF THE EDUCATION FLEXIBILITY PARTNERSHIP 
                DEMONSTRATION ACT.
  
      (a) In General.--Section 311(e) of the Goals 2000: Educate America 
  Act (20 U.S.C. 5891(e)) is amended--
              (1) in paragraph (2)--
                      (A) by amending subparagraph (A) to read as 
                  follows:
                      ``(A) In general.--The Secretary may carry out an 
                  education flexibility demonstration 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 or Acts described in subsection (b) or 1 or 
                  more programs described in subpart 2 of part A of title 
                  III of the Elementary and Secondary Education Act of 
                  1965 (except section 3136 of such Act), other than 
                  requirements described in subsection (c) of this Act 
                  and section 14401(c) of the Elementary and Secondary 
                  Education Act of 1965, for the State educational agency 
                  or any local educational agency or school within the 
                  State.'';
                      (B) by striking subparagraph (B); and
                      (C) by redesignating subparagraph (C) as 
                  subparagraph (B); and
              (2) in paragraph (3), by amending subparagraph (A) to read 
          as follows:
                      ``(A)(i) has--
                              ``(I) developed a State improvement plan 
                          under section 306;
                              ``(II) 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, including the 
                          requirements of that section relating to 
                          disaggregation of data, and for which local 
                          educational agencies in the State are producing 
                          the individual school performance profiles 
                          required by section 1116(a) of such Act; or
                              ``(III) made substantial progress, as 
                          determined by the Secretary, toward developing 
                          and implementing the standards and assessments, 
                          and toward having local educational agencies in 
                          the State produce the profiles, described in 
                          subclause (I); and
                      ``(ii) holds local educational agencies and schools 
                  accountable for meeting the educational goals described 
                  in the local applications submitted under paragraph 
                  (5), and for taking corrective actions, consistent with 
                  section 1116 of the Elementary and Secondary Education 
                  Act of 1965, for the local educational agencies that do 
                  not meet the goals; and''.
      (b) Authority To Issue Waivers.--Section 311(e) of the Goals 2000: 
  Educate America Act (20 U.S.C. 5891(e)) is amended further by adding at 
  the end the following:
              ``(8) Authority to issue waivers.--Notwithstanding any 
          other provision of law, the Secretary is authorized to carry 
          out the education flexibility demonstration program under this 
          subsection for each of the fiscal years 1999 through 2003.''.
      (c) Accountability.--Section 311(f) of the Goals 2000: Educate 
  America Act (20 U.S.C. 5891(f)) is amended by adding at the end the 
  following: ``In the case of deciding whether to extend a State 
  educational agency's authority to issue waivers under subsection (e), 
  the Secretary also shall review the progress of the State educational 
  agency to determine if such agency--
              ``(1) has established procedures for increasing the 
          percentage of elementary school and secondary school teachers 
          in the State who have demonstrated, by traditional or 
          alternative routes, the subject matter knowledge and 
          pedagogical skill necessary to provide effective instruction in 
          the content area or areas in which the teachers provide 
          instruction; and
              ``(2) has decreased the percentage of elementary school and 
          secondary school teachers teaching in high poverty elementary 
          schools and secondary schools who do not demonstrate such 
          knowledge and skills.''.
      (d) Transition Rules.--
              (1) Construction.--Nothing in this Act or the amendments 
          made by this Act shall be construed to affect the authority of 
          a State educational agency that has been granted waiver 
          authority under the following provisions of law:
                      (A) Section 311(e) of the Goals 2000: Educate 
                  America Act as such section was in effect on the day 
                  before the date of enactment of this 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).
              (2) Eligibility.--A State educational agency that has been 
          granted waiver authority under a provision of law described in 
          subparagraph (A) or (B) of paragraph (1) prior to the date of 
          enactment of this Act shall be eligible to apply for waiver 
          authority under section 311(e) of the Goals 2000: Educate 
          America Act as such section is in effect on the date of 
          enactment of this Act.
target: Education Flexibility Amendments of 1998 - Amends the Goals 2000: Educate America Act to authorize the Secretary of Education to allow all States to participate in the Education Flexibility Partnership Demonstration Act (Ed-Flex) program. 
  Includes State and local programs for school technology resources under the Educational and Secondary Education Act of 1965 (ESEA) among programs for which requirements may be waived under Ed-Flex. 
  Revises State eligibility requirements for Ed-Flex.  Requires States to:  (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under ESEA title I; and (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals. 
  Authorizes the Secretary to carry out the Ed-Flex program for FY 1999 through 2003. 
  Sets forth accountability requirements.  Requires the Secretary, in deciding whether to extend the authority of a State educational agency (SEA) to issue waivers, to review the SEA's progress to determine if it has:  (1) established procedures for increasing the percentage of elementary school and secondary school teachers in the State who have demonstrated, by traditional or alternative routes, subject matter knowledge and pedagogical skill to provide effective instruction in appropriate content areas; and (2) decreased the percentage of elementary school and secondary school teachers teaching in high poverty elementary schools and secondary schools who do not demonstrate such knowledge and skills.
feat_title: Education Flexibility Amendments of 1998