Page:United States Statutes at Large Volume 113 Part 1.djvu/70

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113 STAT. 46 PUBLIC LAW 106-25—APR. 29, 1999 Public information. the number of waivers granted for each type of waiver; (II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance; (III) information describing the relationship of the waivers to the performance 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, not later than 2 years after the date of the enactment of this Act and annually thereafter, shall— (i) make each State report submitted under subparagraph (B) available to Congress and the public; and (ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers. (6) DURATION OF FEDERAL WAIVERS.— (A) IN GENERAL.— The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may extend such period if the Secretary determines that such agency's authority to grant waivers— (i) has been effective in enabling such State or affected local educational 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.—T hree years after the date a State is designated an Ed-Flex Partnership State, the Secretary shall review the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and shall terminate such agency's authority to grant such waivers if the Secretary determines, after notice and an opportunity for a hearing, that such agency's performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority. (C) RENEWAL.— In deciding whether to extend a request for a State educational agency's authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency—