Source
(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.)
References in Text
Section 1116(a)(3) of such Act, referred to in subsec. (a)(2)(A)(i), means section 1116(a)(3) of
Pub. L. 89–10. Section 1116 of
Pub. L. 89–10, which was classified to section
6317 of this title, was omitted in the general amendment of subchapter I (§ 6301 et seq.) of chapter
70 of this title, and a new section
1116, which is classified to section
6316 of this title, was enacted, by
Pub. L. 107–110, title I, § 101, Jan. 8, 2002,
115 Stat. 1439. The new section
1116 does not contain a subsec. (a)(3).
The Elementary and Secondary Education Act of 1965, referred to in subsecs. (a)(3)(A)(v), (b)(1), and (c)(1)(G), is
Pub. L. 89–10, Apr. 11, 1965,
79 Stat. 27, as amended, 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. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter
I of chapter
70 of this title. Subpart 3 of part B of title I is classified generally to subpart 3 (§ 6381 et seq.) of part
B of subchapter
I of chapter
70 of this title. Parts C, D, and F of title I are classified generally to parts C (§ 6391 et seq.), D (§ 6421 et seq.), and F (§ 6511 et seq.), respectively, of subchapter
I of chapter
70 of this title. Subparts 2 and 3 of part A of title II are classified generally to subparts 2 (§ 6621 et seq.) and 3 (§ 6631 et seq.), respectively, of part
A of subchapter
II of chapter
70 of this title. Subpart 1 of part D of title II is classified generally to subpart 1 (§ 6761 et seq.) of part
D of subchapter
II of chapter
70 of this title. Subpart 4 of part B of title III is classified generally to subpart 4 (§ 6961 et seq.) of part
B of subchapter
III of chapter
70 of this title. Subpart 1 of part A of title IV is classified generally to subpart 1 (§ 7111 et seq.) of part
A of subchapter
IV of chapter
70 of this title. Part A of title V is classified generally to part A (§ 7201 et seq.) of subchapter
V 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 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.
Section 311(e) of the Goals 2000: Educate America Act, referred to in subsec. (d)(2), (3)(A), is section 311(e) of
Pub. L. 103–227, which was classified to section
5891
(e) of this title and was repealed by
Pub. L. 106–113, div. B, § 1000(a)(4) [title III, § 310(i)], Nov. 29, 1999,
113 Stat. 1535, 1501A–265.
The proviso referring to such section
311
(e) under the heading “education reform” in the Department of Education Appropriations Act, 1996, referred to in subsec. (d)(2)(B), is
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, which is set out as a note below.
Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(4), means subpart 2 of part A of title III of
Pub. L. 89–10, as added by
Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3644, which related to State and local programs for school technology resources, and was classified generally to subpart 2 (§ 6841 et seq.) of part A of subchapter III of this chapter prior to the general amendment of title III of
Pub. L. 89–10 by
Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1689, which enacted a new subpart 2 of part A, relating to accountability and administration.
Section 3136 of such Act, referred to in subsec. (d)(4), means section 3136 of
Pub. L. 89–10, as added by
Pub. L. 103–382, title I, § 101, Oct. 20, 1994,
108 Stat. 3648, which was classified to section
6846 of this title prior to the general amendment of title III of
Pub. L. 89–10 by
Pub. L. 107–110, title III, § 301, Jan. 8, 2002,
115 Stat. 1689.
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
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 Education 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 Education 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 Secondary Education Act of 1965.
“(3) Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act).
“(4) Title IV of the Elementary and Secondary Education Act of 1965.
“(5) Title VI of the Elementary and Secondary Education Act of 1965.
“(6) Part C of title VII of the Elementary and Secondary Education Act of 1965.
“(7) The Carl D. Perkins Vocational and Technical Education Act of 1998.”
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.
Educational Flexibility Program Extension
Pub. L. 109–211, § 1, Mar. 24, 2006,
120 Stat. 320, provided that:
“(a) Extension Authority.—Notwithstanding any other provision of law, the Secretary of Education is authorized to carry out the educational flexibility program under section 4 of the Education Flexibility Partnership 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 Education 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 September 30, 2004, shall be extended until the date of enactment 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 performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, 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 authorized to grant up to six additional State education agencies authority to waive Federal statutory or regulatory requirements for fiscal year 1996 and succeeding fiscal years”.