20 U.S.C. § 5891b — Educational flexibility program

Page 1296 TITLE 20—EDUCATION § 5891b § 5891b. Educational flexibility program (a) Educational flexibility program (1) Program authorized (A) In general The Secretary may carry out an edu- cational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements appli- cable to one or more programs described in subsection (b), other than requirements de- scribed in subsection (c), for any local edu- cational agency, educational service agency, or school within the State. (B) Designation Each eligible State participating in the program described in subparagraph (A) shall be known as an ‘‘Ed-Flex Partnership State’’. (2) Eligible State For the purpose of this section, the term ‘‘el- igible State’’ means a State that— (A) has— (i) developed and implemented the chal- lenging State academic standards, and aligned assessments, described in para- graphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311(b)], and is producing the report cards required by section 1111(h) of such Act; or (ii) if the State has adopted new chal- lenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a re- sult of the amendments made to such Act [20 U.S.C. 6301 et seq.] by the Every Stu- dent Succeeds Act, made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act; (B) will hold local educational agencies, educational service agencies, and schools ac- countable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in tech- nical assistance and, as applicable and ap- propriate, implementing comprehensive sup- port and improvement activities and tar- geted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965; and (C) waives State statutory or regulatory requirements relating to education while holding local educational agencies, edu- cational service agencies, or schools within the State that are affected by such waivers accountable for the performance of the stu- dents who are affected by such waivers. (3) State application (A) In general Each State educational agency desiring to participate in the educational flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such informa- tion as the Secretary may reasonably re- quire. Each such application shall dem- onstrate that the eligible State has adopted an educational flexibility plan for the State that includes— (i) a description of the process the State educational agency will use to evaluate applications from local educational agen- cies, educational service agencies, or schools requesting waivers of— (I) Federal statutory or regulatory re- quirements as described in paragraph (1)(A); and (II) State statutory or regulatory re- quirements relating to education; (ii) a detailed description of the State statutory and regulatory requirements re- lating to education that the State edu- cational agency will waive; (iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan, which may include innovative methods to lever- age resources to improve program effi- ciencies that benefit students; (iv) a description of how the educational flexibility plan is coordinated with activi- ties described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965; (v) a description of how the State edu- cational agency will evaluate (consistent with the requirements of title I of the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]) the perform- ance of students in the schools, edu- cational service agencies, and local edu- cational agencies affected by the waivers; and (vi) a description of how the State edu- cational agency will meet the require- ments of paragraph (7). (B) Approval and considerations (i) In general By not later than 90 days after the date on which a State has submitted an applica- tion described in subparagraph (A), the Secretary shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration. (ii) Approval The Secretary may approve an applica- tion described in subparagraph (A) only if the Secretary determines that such appli- cation demonstrates substantial promise of assisting the State educational agency and affected local educational agencies, educational service agencies, and schools within the State in carrying out com- prehensive educational reform, after con- sidering— (I) the eligibility of the State as de- scribed in paragraph (2); (II) the comprehensiveness and quality of the educational flexibility plan de- scribed in subparagraph (A); Page 1297 TITLE 20—EDUCATION § 5891b (III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan; (IV) the degree to which the State’s ob- jectives described in subparagraph (A)(iii)— (aa) are clear and have the ability to be assessed; and (bb) take into account the perform- ance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers; (V) the significance of the State statu- tory or regulatory requirements relating to education that will be waived; and (VI) the quality of the State edu- cational agency’s process for approving applications for waivers of Federal stat- utory or regulatory requirements as de- scribed in paragraph (1)(A) and for moni- toring and evaluating the results of such waivers. (4) Local application (A) In general Each local educational agency, edu- cational service agency, or school requesting a waiver of a Federal statutory or regu- latory requirement as described in para- graph (1)(A) and any relevant State statu- tory or regulatory requirement from a State educational agency shall submit an applica- tion to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such applica- tion shall— (i) indicate each Federal program af- fected and each statutory or regulatory re- quirement that will be waived; (ii) describe the purposes and overall ex- pected results of waiving each such re- quirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; (iii) describe, for each school year, spe- cific, measurable, educational goals for each local educational agency, educational service agency, or school affected by the proposed waiver, and for the students served by the local educational agency, educational service agency, or school who are affected by the waiver; (iv) explain why the waiver will assist the local educational agency, educational service agency, or school in reaching such goals; and (v) in the case of an application from a local educational agency or educational service agency, describe how the agency will meet the requirements of paragraph (7). (B) Evaluation of applications A State educational agency shall evaluate an application submitted under subpara- graph (A) in accordance with the State’s educational flexibility plan described in paragraph (3)(A). (C) Approval A State educational agency shall not ap- prove an application for a waiver under this paragraph unless— (i) the local educational agency, edu- cational service agency, or school request- ing such waiver has developed a local re- form plan that— (I) is applicable to such agency or school, respectively; and (II) may include innovative methods to leverage resources to improve program efficiencies that benefit students; (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local edu- cational agency, educational service agen- cy, or school in reaching its educational goals, particularly goals with respect to school and student performance; and (iii) the State educational agency is sat- isfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met. (D) Termination The State educational agency shall annu- ally review the performance of any local educational agency, educational service agency, or school granted a waiver of Fed- eral statutory or regulatory requirements as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate or temporarily suspend any waiver granted to the local educational agency, educational service agency, or school if the State edu- cational agency determines, after notice and an opportunity for a hearing, that— (i) there is compelling evidence of sys- tematic waste, fraud, or abuse; (ii) the performance of the local edu- cational agency, educational service agen- cy, or school with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in subparagraph (A)(iii) has been inadequate to justify continuation of such waiver; (iii) student achievement in the local educational agency, educational service agency, or school has decreased; or (iv) substantial progress has not been made toward meeting the long-term goals and measurements of interim progress es- tablished by the State under section 1111(c)(4)(A)(i) of the Elementary and Sec- ondary Education Act of 1965. (5) Oversight and reporting (A) Oversight Each State educational agency partici- pating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies, educational service agencies, and schools re- ceiving waivers under this section. (B) State reports (i) Annual reports The State educational agency shall sub- mit to the Secretary an annual report on Page 1298 TITLE 20—EDUCATION § 5891b the results of such oversight and the im- pact of the waivers on school and student performance. (ii) Performance data Not later than 2 years after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of the State’s annual report sub- mitted under clause (i), data dem- onstrating the degree to which progress has been made toward meeting the State’s educational objectives. The data, when ap- plicable, shall include— (I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiv- er; (II) information describing the effect of the waivers on the implementation of State and local educational reforms per- taining to school and student perform- ance; (III) information describing the rela- tionship of the waivers to the perform- ance of schools and students affected by the waivers; and (IV) an assurance from State program managers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State. (C) Secretary’s reports The Secretary shall annually— (i) make each State report submitted under subparagraph (B) available to Con- gress and the public; and (ii) submit to Congress a report that summarizes the State reports and de- scribes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the perform- ance of students affected by the waivers. (6) Duration of Federal waivers (A) In general (i) Duration The Secretary shall approve the applica- tion of a State educational agency under paragraph (3) for a period of not more than 5 years. (ii) Automatic extension during review The Secretary shall automatically ex- tend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has— (I) completed the performance review of the State educational agency’s edu- cational flexibility plan as described in subparagraph (B); and (II) issued a final decision on any pend- ing request for renewal that was sub- mitted by the State educational agency. (iii) Extension of approval The Secretary may extend the authority of a State to continue as an Ed-Flex Part- nership State if the Secretary determines that the authority of the State edu- cational agency to grant waivers— (I) has been effective in enabling such State or affected local educational agen- cies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and (II) has improved student performance. (B) Performance review (i) In general Following the expiration of an approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency— (I) has achieved, or is making substan- tial progress towards achieving, the ob- jectives described in the application sub- mitted pursuant to paragraph (3)(A)(iii) and the specific long-term goals and measurements of interim progress estab- lished under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and (II) demonstrates that local edu- cational agencies, educational service agencies, or schools affected by the waiv- er authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the appli- cation submitted pursuant to paragraph (4)(A)(iii). (ii) Termination of authority The Secretary shall terminate the au- thority of a State educational agency to grant waivers of Federal statutory or regu- latory requirements as described in para- graph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continu- ation of such authority based on such agency’s performance against the specific long-term goals and measurements of in- terim progress established under section 1111(c)(4)(A)(i) of the Elementary and Sec- ondary Education Act of 1965. (C) Renewal (i) In general Each State educational agency desiring to renew an approved educational flexi- bility program under this section shall submit a request for renewal to the Sec- retary not later than the date of expira- tion of the approved educational flexibility program. (ii) Timing for renewal The Secretary shall either approve or deny the request for renewal by not later Page 1299 TITLE 20—EDUCATION § 5891b than 90 days after completing the perform- ance review of the State described in sub- paragraph (B). (iii) Determination In deciding whether to extend a request of a State educational agency for the au- thority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency— (I) has made progress toward achieving the objectives described in the State ap- plication submitted pursuant to para- graph (3)(A)(iii); and (II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the de- sired goals described in the local applica- tion submitted pursuant to paragraph (4)(A)(iii). (D) Termination (i) In general The Secretary shall terminate or tempo- rarily suspend the authority of a State educational agency to grant waivers under this section if the Secretary determines that— (I) there is compelling evidence of sys- tematic waste, fraud or abuse; or (II) after notice and an opportunity for a hearing, such agency’s performance (including performance with respect to meeting the objectives described in para- graph (3)(A)(iii)) has been inadequate to justify continuation of such authority. (ii) Limited compliance period A State whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek re- newal of the authority to grant waivers under this section. (7) Public notice and comment Each State educational agency seeking waiver authority under this section and each local educational agency, educational service agency, or school seeking a waiver under this section— (A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a descrip- tion of the agency’s application for the pro- posed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver; (B) shall provide the opportunity for par- ents, educators, school administrators, and all other interested members of the commu- nity to comment regarding the proposed waiver authority or waiver; (C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and (D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate. (b) Included programs The statutory or regulatory requirements re- ferred to in subsection (a)(1)(A) are any such re- quirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State edu- cational agencies on the basis of a formula: (1) The following provisions of the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]: (A) Part A of title I [20 U.S.C. 6311 et seq.] (other than section 1111). (B) Part C of title I [20 U.S.C. 6391 et seq.]. (C) Part D of title I [20 U.S.C. 6421 et seq.]. (D) Part A of title II [20 U.S.C. 6611 et seq.]. (E) Part A of title IV [20 U.S.C. 7101 et seq.]. (2) The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (c) Waivers not authorized The Secretary and the State educational agen- cy may not waive under subsection (a)(1)(A) any statutory or regulatory requirement— (1) relating to— (A) maintenance of effort; (B) comparability of services; (C) equitable participation of students and professional staff in private schools; (D) parental participation and involve- ment; (E) distribution of funds to States or to local educational agencies; (F) serving eligible school attendance areas in rank order in accordance with sec- tion 1113(a)(3) of the Elementary and Sec- ondary Education Act of 1965 [20 U.S.C. 6313(a)(3)]; (G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Sec- ondary Education Act of 1965, except that a State educational agency may grant a waiv- er to allow a school attendance area or school to participate in activities under part A of title I of such Act [20 U.S.C. 6311 et seq.] if the percentage of children from low-in- come families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the require- ments of such subsections; (H) use of Federal funds to supplement, not supplant, non-Federal funds; and (I) applicable civil rights requirements; and (2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary. Page 1300 TITLE 20—EDUCATION § 5891b (d) Treatment of existing Ed-Flex Partnership States (1) In general Any designation of a State as an Ed-Flex Partnership State that was in effect on De- cember 10, 2015, shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2). (2) Determination The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility pro- gram, justifies the extension of the designa- tion. (e) Publication A notice of the Secretary’s decision to author- ize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applica- tions under subsection (a)(3)(B), shall be pub- lished in the Federal Register and the Secretary shall provide for the dissemination of such no- tice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (Pub. L. 106–25, § 4, Apr. 29, 1999, 113 Stat. 42; Pub. L. 107–110, title X, § 1073, Jan. 8, 2002, 115 Stat. 2090; Pub. L. 109–270, § 2(e), Aug. 12, 2006, 120 Stat. 747; Pub. L. 114–95, title IX, § 9207(b), Dec. 10, 2015, 129 Stat. 2141.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(2)(A)(ii), (3)(A)(v), (b)(1), and (c)(1)(G), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. Parts A, C, and D of title I of the Act are classified gen- erally to parts A (§ 6311 et seq.), C (§ 6391 et seq.), and D (§ 6421 et seq.), respectively, of subchapter I of chapter 70 of this title. Part A of title II of the Act is classified generally to part A (§ 6611 et seq.) of subchapter II of chapter 70 of this title. Part A of title IV of the Act is classified generally to part A (§ 7101) of subchapter IV of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Every Student Succeeds Act, referred to in sub- sec. (a)(2)(A)(ii), is Pub. L. 114–95, Dec. 10, 2015, 129 Stat. 1802. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 6301 of this title and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. CODIFICATION Section was enacted as part of the Education Flexi- bility Partnership Act of 1999, and not as part of the Goals 2000: Educate America Act which comprises this chapter. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to the educational flexibility program, pro- grams included in the educational flexibility program, limitations on waivers of program requirements, treat- ment of existing Ed-Flex Partnership States, and publi- cation of notice of the Secretary’s decision to authorize State educational agencies to issue waivers under this section, respectively. 2006—Subsec. (b)(2). Pub. L. 109–270 substituted ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Edu- cation Act of 1998’’. 2002—Subsec. (b). Pub. L. 107–110 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The statutory or regulatory requirements referred to in subsection (a)(1)(A) of this section are any such requirements for programs carried out under the following provisions: ‘‘(1) Title I of the Elementary and Secondary Edu- cation Act of 1965 (other than subsections (a) and (c) of section 1116 of such Act). ‘‘(2) Part B of title II of the Elementary and Sec- ondary Education Act of 1965. ‘‘(3) Subpart 2 of part A of title III of the Elemen- tary and Secondary Education Act of 1965 (other than section 3136 of such Act). ‘‘(4) Title IV of the Elementary and Secondary Edu- cation Act of 1965. ‘‘(5) Title VI of the Elementary and Secondary Edu- cation Act of 1965. ‘‘(6) Part C of title VII of the Elementary and Sec- ondary Education Act of 1965. ‘‘(7) The Carl D. Perkins Vocational and Technical Education Act of 1998.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. EDUCATIONAL FLEXIBILITY PROGRAM EXTENSION Pub. L. 109–211, § 1, Mar. 24, 2006, 120 Stat. 320, pro- vided that: ‘‘(a) EXTENSION AUTHORITY.—Notwithstanding any other provision of law, the Secretary of Education is authorized to carry out the educational flexibility pro- gram under section 4 of the Education Flexibility Part- nership Act of 1999 (20 U.S.C. 5891b), until the date of enactment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6311 et seq.), for any State that was an Ed-Flex Partnership State on September 30, 2004. ‘‘(b) DESIGNATION.— ‘‘(1) IN GENERAL.—Any designation of a State as an Ed-Flex Partnership State that was in effect on Sep- tember 30, 2004, shall be extended until the date of en- actment of an Act that reauthorizes programs under part A of title I of the Elementary and Secondary Education Act of 1965, if the Secretary of Education makes the determination described in paragraph (2). ‘‘(2) DETERMINATION.—The determination referred to in paragraph (1) is a determination that the per- formance of the State educational agency, in car- rying out the programs for which the State has re- Page 1301 TITLE 20—EDUCATION §§ 5931 to 5939 ceived a waiver under the educational flexibility pro- gram, justifies the extension of the designation.’’ ADDITIONAL STATE EDUCATIONAL AGENCIES AUTHORIZED TO WAIVE FEDERAL REQUIREMENTS Pub. L. 104–134, title I, § 101(d) [title III], Apr. 26, 1996, 110 Stat. 1321–211, 1321–229; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ‘‘That notwithstanding section 311(e) of Public Law 103–227 [20 U.S.C. 5891(e)], the Secretary is author- ized to grant up to six additional State education agen- cies authority to waive Federal statutory or regulatory requirements for fiscal year 1996 and succeeding fiscal years’’. §§ 5892 to 5895. Repealed. Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265 Section 5892, Pub. L. 103–227, title III, § 312, Mar. 31, 1994, 108 Stat. 178; Pub. L. 104–134, title I, § 101(d) [title VII, §§ 703(a)(12), 705(d)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–253, 1321–257; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to progress re- ports. Section 5893, Pub. L. 103–227, title III, § 313, Mar. 31, 1994, 108 Stat. 179, related to technical and other assist- ance regarding school finance equity. Section 5894, Pub. L. 103–227, title III, § 314, Mar. 31, 1994, 108 Stat. 180; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(13)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to national leadership. Section 5895, Pub. L. 103–227, title III, § 315, Mar. 31, 1994, 108 Stat. 181; Pub. L. 103–382, title III, § 384, Oct. 20, 1994, 108 Stat. 4018; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(14)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–253; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to assistance to outlying areas and to Secretary of the Interior. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 30, 2000, see section 1000(a)(4) [title III, § 310(i)] of Pub. L. 106–113, set out as a note under section 5881 of this title. § 5896. Repealed. Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(15)(A)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327 Section, Pub. L. 103–227, title III, § 316, Mar. 31, 1994, 108 Stat. 184, provided that standards or State assess- ments described in State improvement plan submitted in accordance with section 5886 of this title were not to be required to be certified by Council. §§ 5897 to 5900. Repealed. Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265 Section 5897, Pub. L. 103–227, title III, § 317, Mar. 31, 1994, 108 Stat. 184; Pub. L. 103–382, title III, § 361(d), Oct. 20, 1994, 108 Stat. 3975; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(16)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to State planning for im- proving student achievement through integration of technology into curriculum. Section 5898, Pub. L. 103–227, title III, § 318, Mar. 31, 1994, 108 Stat. 186, related to prohibition on Federal mandates, direction, and control. Section 5899, Pub. L. 103–227, title III, § 319, Mar. 31, 1994, 108 Stat. 186, related to State and local govern- ment control of education. Section 5900, Pub. L. 103–227, title III, § 320, as added Pub. L. 104–134, title I, § 101(d) [title VII, § 706], Apr. 26, 1996, 110 Stat. 1321–211, 1321–257; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, related to certain prohibited conditions to receiving assistance and to limitations on Government officials. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 30, 2000, see section 1000(a)(4) [title III, § 310(i)] of Pub. L. 106–113, set out as a note under section 5881 of this title. SUBCHAPTER IV—PARENTAL ASSISTANCE §§ 5911 to 5918. Repealed. Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265 Section 5911, Pub. L. 103–227, title IV, § 401, Mar. 31, 1994, 108 Stat. 187, related to parental information and resource centers. Section 5912, Pub. L. 103–227, title IV, § 402, Mar. 31, 1994, 108 Stat. 187, related to applications. Section 5913, Pub. L. 103–227, title IV, § 403, Mar. 31, 1994, 108 Stat. 189, related to uses of funds. Section 5914, Pub. L. 103–227, title IV, § 404, Mar. 31, 1994, 108 Stat. 189, related to technical assistance. Section 5915, Pub. L. 103–227, title IV, § 405, Mar. 31, 1994, 108 Stat. 189, related to definitions. Section 5916, Pub. L. 103–227, title IV, § 406, Mar. 31, 1994, 108 Stat. 190, related to reports. Section 5917, Pub. L. 103–227, title IV, § 407, Mar. 31, 1994, 108 Stat. 190, related to general provisions prohib- iting required participation in any program of parent education or developmental screening or any action in- fringing on the right of a parent to direct the education of their children. Section 5918, Pub. L. 103–227, title IV, § 408, Mar. 31, 1994, 108 Stat. 191, related to authorization of appropria- tions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 30, 2000, see section 1000(a)(4) [title III, § 310(i)] of Pub. L. 106–113, set out as a note under section 5881 of this title. SUBCHAPTER V—NATIONAL SKILL STANDARDS BOARD §§ 5931 to 5939. Repealed. Pub. L. 103–227, title V, § 509(a), Mar. 31, 1994, 108 Stat. 200 Section 5931, Pub. L. 103–227, title V, § 501, Mar. 31, 1994, 108 Stat. 191, set forth short title of subchapter as National Skill Standards Act of 1994. Section 5932, Pub. L. 103–227, title V, § 502, Mar. 31, 1994, 108 Stat. 191, stated purpose of subchapter. Section 5933, Pub. L. 103–227, title V, § 503, Mar. 31, 1994, 108 Stat. 192; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(17)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, established National Skill Standards Board. Section 5934, Pub. L. 103–227, title V, § 504, Mar. 31, 1994, 108 Stat. 195; Pub. L. 104–134, title I, § 101(d) [title VII, § 703(a)(18)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(17)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–422, related to functions of National Skill Standards Board. Section 5935, Pub. L. 103–227, title V, § 505, Mar. 31, 1994, 108 Stat. 199, related to deadline for identifying oc- cupational clusters and promoting development of skill standards for the clusters. Section 5936, Pub. L. 103–227, title V, § 506, Mar. 31, 1994, 108 Stat. 199, related to reports to the President and Congress.