Page:United States Statutes at Large Volume 113 Part 1.djvu/69

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PUBLIC LAW 106-25—APR. 29, 1999 113 STAT. 45 under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (3)(A). (C) APPROVAL.—^A State educational agency shall not approve an application for a waiver under this paragraph unless— (i) the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively; (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency or school in reaching its educational goals, particularly goals with respect to school and student performance; and (iii) the State educational agency is satisfied 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 annually review the performance of any local educational agency or school granted a waiver of Federal 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 any waiver granted to the local educational agency or school if the State educational agency determines, after notice and an opportunity for a hearing, that the local educational agency or school's performance with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in paragraph (4)(A)(iii)— (i) has been inadequate to justify continuation of such waiver; or (ii) has decreased for two consecutive years, unless the State educational agency determines that the decrease in performance was justified due to exceptional or uncontrollable circumstances. (5) OVERSIGHT AND REPORTING.— (A) OVERSIGHT.— Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies and schools receiving waivers under this section. (B) STATE REPORTS.— (i) ANNUAL REPORTS. — The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact 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 submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the State's educational objectives. The data, when applicable, shall include— (I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including