108 STAT. 176 PUBLIC LAW 103-227—MAR. 31, 1994 Education Flexibility Partnership Demonstration Act. (1) relating to— (A) maintenance of effort; (B) comparability of services; (C) the equitable participation of students and professional staff in private schools; (D) parental participation and involvement; and (E) the distribution of funds to States or to local educational agencies; and (2) unless the underlying purposes of the statutory requirements of each program or Act for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) TERMINATION OF WAIVERS.— The Secretary shall periodically review the performance of any State, local educational agency, or school for which the Secretary has granted a waiver under subsection (a)(1) and shall terminate the waiver if the Secretary determines that the performance of the State, the local educational agency, or the school in the area affected by the waiver has been inadequate to justify a continuation of the waiver. (e) FLEXIBILITY DEMONSTRATION.— (1) SHORT TITLE. —T h is subsection may be cited as the "Education Flexibility Partnership Demonstration Act". (2) PROGRAM AUTHORIZED. — (A) IN GENERAL.— The Secretary may carry out an education flexibility demonstration program under which the Secretary authorizes not more than 6 State educational agencies serving eligible States to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b), other than requirements described in subsection (c), for the State educational agency or any local educational agency or school within the State. (B) AWARD RULE.— In carrying out subparagraph (A), the Secretary shall select for participation in the demonstration program described in subparagraph (A) three State educational agencies serving eligible States that each have a population of 3,500,000 or greater and three State educational agencies serving eligible States that each have a population of less than 3,500,000, determined in accordance with the most recent decennial census of the population performed by the Bureau of the Census. (C) DESIGNATION. —Each eligible State participating in the demonstration program described in subparagraph (A) shall be known as an "Ed-Flex Partnership State". (3) ELIGIBLE STATE.— For the purpose of this subsection the term "eligible State" means a State that— (A) has developed a State improvement plan under section 306 that is approved by the Secretary; and (B) waives State statutory or regulatory requirements relating to education while holding local educational agencies or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers, (4) STATE APPLICATION.— (A) Each State educational agency desiring to participate in the education flexibility demonstration program under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State
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