§ 5891a. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC5891a]
TITLE 20--EDUCATION
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 7801 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; Pub. L. 107-110,
title X, Sec. 1076(o), Jan. 8, 2002, 115 Stat. 2092.)
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.
Amendments
2002--Par. (1). Pub. L. 107-110 substituted ``7801'' for ``8801''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of this title.
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.''
