                  CHAPTER 68--NATIONAL EDUCATION REFORM
 
     SUBCHAPTER III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
 
Sec. 5891a. Definitions

    In this Act:

      (1) Local educational agency; State educational agency; 
                                outlying area

        The terms ``local educational agency'', ``State educational 
    agency'', and ``outlying area'' have the meanings given the terms in 
    section 8801 of this title.

     (2) Eligible school attendance area; school attendance area

        The terms ``eligible school attendance area'' and ``school 
    attendance area'' have the meanings given the terms in section 
    6313(a)(2) of this title.

                            (3) Secretary

        The term ``Secretary'' means the Secretary of Education.

                              (4) State

        The term ``State'' means each of the 50 States, the District of 
    Columbia, the Commonwealth of Puerto Rico, and each outlying area.

(Pub. L. 106-25, Sec. 3, Apr. 29, 1999, 113 Stat. 42.)

                       References in Text

    This Act, referred to in text, is Pub. L. 106-25, Apr. 29, 1999, 113 
Stat. 41, known as the Education Flexibility Partnership Act of 1999, 
which enacted sections 5891a and 5891b of this title, amended section 
1415 of this title, and enacted provisions set out as notes under 
sections 1415 and 5891a of this title. For complete classification of 
this Act to the Code, see Short Title of 1999 Amendment note set out 
under section 5801 of this title and Tables.

                          Codification

    Section was enacted as part of the Education Flexibility Partnership 
Act of 1999, and not as part of the Goals 2000: Educate America Act 
which comprises this chapter.


                                Findings

    Pub. L. 106-25, Sec. 2, Apr. 29, 1999, 113 Stat. 41, provided that: 
``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 one State improve may 
    not prove successful in other States.
        ``(2) Although the Elementary and Secondary Education Act of 
    1965 [20 U.S.C. 6301 et seq.] and other Federal education statutes 
    afford flexibility to State educational agencies 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 
    [former 20 U.S.C. 5891(e)] 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 waiver authority 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, such as the important focus on 
    improving mathematics and science performance under title II of the 
    Elementary and Secondary Education Act of 1965 [20 U.S.C. 6601 et 
    seq.] (Dwight D. Eisenhower Professional Development Program), 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.''
