[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Pages 4326-4327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1418]
[[Page 4325]]
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Part IV
Department of Education
_______________________________________________________________________
Education Flexibility Partnership Demonstration Program; Notice
Federal Register / Vol. 60, No. 13 / Friday, January 20, 1995 /
Notices
[[Page 4326]]
DEPARTMENT OF EDUCATION
Education Flexibility Partnership Demonstration Program
AGENCY: Department of Education.
ACTION: Notice inviting applications under the Education Flexibility
Partnership Demonstration Program.
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SUMMARY: The Secretary invites applications from State educational
agencies (SEAs) under the Education Flexibility Partnership
Demonstration program (Ed-Flex program), which is authorized by section
311(e) of the Goals 2000: Educate America Act (Pub. L. 103-227) (the
Act). To help foster comprehensive education improvement in a State,
the Secretary will grant up to six SEAs with approved Goals 2000 State
improvement plans the authority to waive certain Federal statutory or
regulatory requirements for the SEA, or for any local educational
agency (LEA) or school within the State. SEAs desiring to participate
in the Ed-Flex program must submit to the Secretary an application that
meets the requirements of Section 311(e) of the Act.
DEADLINE FOR TRANSMITTAL OF APPLICATIONS: There is no specific deadline
for transmittal of applications. However, because the Secretary is
authorized to grant Ed-Flex status to only a limited number of States,
SEAs are encouraged to submit their Ed-Flex applications as soon as
possible. The Secretary will review applications as they are received
in accordance with the criteria set forth in the Act.
ADDRESSES: Applications should be sent to Richard W. Riley, Secretary,
U.S. Department of Education, Education Flexibility Partnership
Demonstration Program, 600 Independence Avenue, S.W., Room 6300,
Washington, D.C. 20202.
FOR FURTHER INFORMATION CONTACT: Thomas W. Fagan, U.S. Department of
Education, 600 Independence Avenue, S.W., Portals Building, Room 4000,
Washington, D.C. 20202-2110. Telephone: (202) 401-0039.
SUPPLEMENTARY INFORMATION: The Ed-Flex program is an educational
flexibility demonstration program under which the Secretary may grant
up to six SEAs the authority to waive certain Federal statutory or
regulatory requirements applicable to one or more of the following
programs or Acts:
(1) Title I of the Elementary and Secondary Education Act of 1965
(ESEA)--Helping Disadvantaged Children Meet High Standards.
(2) Title II of the ESEA--Eisenhower Professional Development.
(3) Title IV of the ESEA--Safe and Drug-Free Schools and
Communities.
(4) Title VI of the ESEA--Innovative Education Program Strategies.
(5) Part C of Title VII of the ESEA--Emergency Immigrant Education.
(6) the Carl D. Perkins Vocational and Applied Technology Education
Act.1
\1\The recently enacted Improving America's Schools Act of 1994
(P.L. 103-382) contains conforming amendments that were intended to
replace the program references in the Goals 2000 legislation with
the appropriate references in the reauthorized ESEA. However, in a
technical drafting error, certain provisions of the ESEA bill were
reorganized after the conforming amendments were drafted, without
corresponding changes to the conforming amendments. The references
above refer to the programs for which Congress intended waivers to
be authorized.
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The waiver authority is intended to assist SEAs and affected LEAs
and schools in implementing State and local school improvement plans
designed to help all children reach challenging academic standards.
To be eligible to apply under the Ed-Flex program, an SEA must
serve an ``eligible State.'' Section 311(e)(3) of the Act defines an
``eligible State'' as one that: (1) Has developed a State improvement
plan under Goals 2000 that is approved by the Secretary; and (2) waives
State statutory or regulatory requirements relating to education, while
holding LEAs or schools within the State that are affected by the
waivers accountable for the performance of their students.
The Secretary will select for participation in the Ed-Flex program
three States with a population of 3,500,000 or greater, and three
States with a population of less than 3,500,000, as determined by the
1990 decennial census. For the purpose of this program, section
3(a)(14) of the Act defines ``State'' to include the 50 States, the
District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Marianas Islands, the
Republic of the Marshall Islands, and the Federated States of
Micronesia.
Application Requirements and Criteria
I. When May an SEA Submit Its Ed-Flex Application?
An SEA serving an ``eligible State'' may submit its application at
any time. The Secretary is prepared to review Ed-Flex applications as
soon as they are received and to grant Ed-Flex waiver authority to an
SEA whose application demonstrates a substantial promise of assisting
the SEA and affected LEAs and schools in the State in carrying out
comprehensive education reform and otherwise meeting the purposes of
the Goals 2000: Educate America Act. An SEA that serves an ``eligible
State'' and desires to participate in the program is encouraged to
submit its Ed-Flex application as soon as possible because only six
applicants may receive the Secretary's delegated waiver authority.
II. What Information Should Be Included in an SEA's Ed-Flex
Application?
To be considered for participation in the Ed-Flex program, an SEA
must serve an ``eligible State'' and submit to the Secretary an
application demonstrating that the State has adopted an educational
flexibility (Ed-Flex) plan that meets the requirements of section
311(e)(4) of the Act. Specifically, the Ed-Flex plan must: (1) Describe
the process the SEA will use to evaluate applications from LEAs or
schools requesting waivers of Federal statutory or regulatory
requirements for covered programs, as well as State statutory or
regulatory requirements relating to education; and (2) describe in
detail the State statutory and regulatory requirements relating to
education that the SEA will waive. An applicant must have the legal
authority to grant waivers of the State requirements that it proposes
to waive and agree to grant these waivers when it is appropriate to do
so.
The Ed-Flex waiver authority is designed to facilitate a State's
systemic reform efforts by giving the SEA the authority to waive
certain Federal requirements that impede the ability of the SEA, or any
LEA or school within the State, from carrying out State or local
improvement plans developed under Title III of Goals 2000. Therefore,
the Ed-Flex plan should be integrated with the State's improvement plan
under Goals 2000. When developing its Ed-Flex plan, an SEA is
encouraged to consult with the State panel that developed the State's
Goals 2000 State improvement plan. An SEA that obtains approval of a
pre-existing plan under section 306(q) of the Act is encouraged to
consult with those responsible for developing the pre-existing plan.
III. What Criteria Will Be Used by the Secretary To Evaluate Ed-Flex
Applications?
In accordance with section 311(e)(4)(B) of the Act, the Secretary
will approve an Ed-Flex application only if he determines that the
application demonstrates substantial promise of assisting the SEA and
affected LEAs and schools within the State in carrying out
comprehensive reform and meeting the purposes of the Act. Section
311(e)(4)(B) also provides that the Secretary will consider the
[[Page 4327]] following criteria in evaluating Ed-Flex partnership
applications: (1) The comprehensiveness and quality of the State's Ed-
Flex plan; (2) the ability of the plan to ensure accountability for the
activities and goals described in the plan; (3) the significance of the
State statutory or regulatory requirements relating to education that
the State will waive; and (4) the quality of the SEA's process for
approving applications for waivers of the covered Federal statutory or
regulatory requirements and for monitoring and evaluating the results
of the waivers. As stated previously, to be eligible to apply, an SEA
must serve an ``eligible State''--that is, a State that (1) has
developed a State improvement plan under Goals 2000 that is approved by
the Secretary; and (2) waives State statutory or regulatory
requirements relating to education, while holding LEAs or schools
within the State that are affected by the waivers accountable for the
performance of their students.
In preparing applications that address these statutory criteria,
SEAs are encouraged to examine carefully the following questions:
Did the SEA conduct effective public hearings or provide
other means for broad-based public involvement in the development of
the Ed-Flex plan? How has the SEA involved LEAs, schools, parents,
community groups, and advocacy and civil rights groups in the
development of the plan? Is there widespread commitment within the
State for the Ed-Flex plan?
To what extent would the Ed-Flex plan enhance the State's
ability to carry out its Goals 2000 State improvement plan? How would
waivers under the Ed-Flex plan reduce or eliminate barriers to the
reform of teaching and learning and assist all children in reaching
challenging academic standards? Has the State demonstrated that it
would extend to LEAs and schools, to the greatest extent possible, the
flexibility provided under the Ed-Flex program to help foster local
systemic reform efforts?
What is the likelihood that the SEA's process for granting
waivers of Federal requirements to LEAs and schools will assist them in
reaching specific, measurable educational goals?
What State statutory and regulatory requirements relating
to education would be waived, and why? What is the relationship between
the State and Federal requirements for which the SEA might grant
waivers?
How would the implementation of the Ed-Flex plan
facilitate bottom-up reform in LEAs and schools? What LEAs, schools,
and student populations would be affected by the Ed-Flex plan? If some
LEAs or schools would not be covered by the Ed-Flex plan, why not? What
role would an LEA have in the waiver process if an individual school
requests a waiver for the SEA?
How would the SEA provide LEAs, parent organizations,
advocacy or civil rights groups, and other interested parties in the
State with notice and an opportunity to comment on proposed waivers of
Federal requirements?
How would the SEA's processes for monitoring LEAs and
schools that have been granted waivers under the Ed-Flex authority and
for evaluating the results of these waivers ensure that the LEAs and
schools will be held accountable for the performance of all students
affected by the waivers?
To what extent do the timelines and benchmarks for
implementing the Ed-Flex plan, monitoring LEAs and schools that have
been granted waivers, and evaluating the results of the waivers granted
provide a reasonable basis for measuring the progress of the SEA in
achieving the goals of the Ed-Flex plan?
An SEA is not required to answer specifically each of these
questions in its application. Rather, the questions have been provided
as guidance to assist SEAs in the preparation of Ed-Flex applications
that address the statutory criteria. The Secretary encourages SEAs to
consider these issues or any other factors that may demonstrate that
the conditions of section 311(e) of the Act have been met. There is not
a particular application form that must be completed for this program.
IV. What Federal Statutory and Regulatory Requirements May an Ed-
Flex Partnership State Waive?
Section 311(e)(2)(A) of the Act provides that an Ed-Flex
Partnership State may waive certain statutory and regulatory
requirements applicable to the following programs or Acts:
(1) Title I of the Elementary and Secondary Education Act of 1965
(ESEA)--Helping Disadvantaged Children Meet High Standards.
(2) Title II of the ESEA--Eisenhower Professional Development.
(3) Title IV of the ESEA--Safe and Drug-Free Schools and
Communities.
(4) Title VI of the ESEA--Innovative Education Program Strategies.
(5) Part C of Title VII of the ESEA--Emergency Immigrant Education.
(6) the Carl D. Perkins Vocational and Applied Technology Education
Act.
The Ed-Flex Partnership State will not be authorized to waive any
Federal statutory or regulatory requirement of the above-referenced
programs or Acts relating to: (1) Maintenance of effort; (2)
comparability of services; (3) the equitable participation of students
and professional staff in private schools; (4) parental participation
and involvement; and (5) the distribution of funds to States or to
local educational agencies. In addition, Ed-Flex States will not be
permitted to waive Federal civil rights requirements or Federal health
and safety requirements.
V. What is the Duration of the Ed-Flex Waiver Authority?
The Secretary will approve an SEA's Ed-Flex waiver authority for up
to five years. The period may be extended if the SEA's authority to
grant waivers has been effective in enabling the State or affected LEAs
or schools to carry out their reform plans. In addition, the Secretary
may terminate the waiver authority at any time if he determines, after
notice and opportunity for hearing, that an SEA's performance has been
inadequate to justify the continuation of the waiver authority.
Paperwork Reduction Act of 1980
This notice involves information collection requirements. As
required by the Paperwork Reduction Act of 1980, the Department of
Education will submit a copy of the application requirements and
selection criteria to the Office of Management and Budget (OMB) for its
review. (44 U.S.C. 3504(h)).
SEAs are eligible to apply for the waiver authority under this
program. The Department needs and uses the information in determining
which States will be designated as Ed-Flex Partnership States under
this program. The public reporting burden for this collection of
information is estimated to average 80 hours per response for
approximately 50 respondents, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10325, New Executive
Office Building, Washington, D.C. 20503; Attention: Daniel J. Chenok.
Dated: January 13, 1995.
Richard W. Riley,
Secretary of Education.
[FR Doc. 95-1418 Filed 1-19-95; 8:45 am]
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