Title 20 — Education
Chapter 68 — National Education Reform
§ 5891a. Definitions
Statutory text
In this Act:
Educational service agency; local educational agency; State educational agency; outlying area
The terms “educational service agency”, “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 7801 of this title.
Eligible school attendance area; school attendance area
The terms “eligible school attendance area” and “school attendance area” have the meanings given the terms in section 6313(a)(2) of this title.
Secretary
The term “Secretary” means the Secretary of Education.
State
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 106–25 § 3 · 113 Stat. 41
Enacted · 20 U.S.C. § 5891a
Pub. L. 106–25, § 3, Apr. 29, 1999, 113 Stat. 42
Source evidence
Code source credit
Pub. L. 106–25, § 3, Apr. 29, 1999, 113 Stat. 42Enacted provision · exact public law section
SEC. 3. 20 USC 5891a. DEFINITIONS. In this Act: (1) Local educational agency; state educational agency; outlying area.— The terms “local educational agency”, “State educational agency”, and “outlying area” have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965. (2) Eligible school attendance area; school attendance area.— The terms “eligible school attendance area” and “school attendance area” have the meanings given the terms in section 1113(a)(2) of the Elementary and Secondary Education Act of 1965. (3) secretary.— The term “Secretary” means the Secretary of Education. (4) state.— The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.Pub. L. 107–110 title X § 1076 · 115 Stat. 1425
Substituted · 20 U.S.C. § 5891a(1)
Pub. L. 107–110 substituted “7801” for “8801”
Source evidence
Code amendment note
Par. (1). Pub. L. 107–110 substituted “7801” for “8801”.Enacted provision · exact public law section
SEC. 1076. TECHNICAL AND CONFORMING AMENDMENTS. (a) Legislative Branch Appropriations Act, 1997.— Section 5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 117b–2(d)(1)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (b) Legislative Branch Appropriations Act, 1987.— Section 104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99500 and Public Law 99–591) (2 U.S.C. 117e(3)(B)(ii)) is amended by striking “14101” and inserting “9101”. (c) National Agricultural Research, Extension, and Teaching Policy Act of 1977.— Section 1417(j)(1)(B) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended— (1) by striking “14101(25)” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801(25))”. (d) Refugee Education Assistance Act of 1980.— Section 101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “14101” and inserting “9101”. (e) Title 10, United States Code.— Section 2194(e)(2) of title 10, United States Code, is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (f) Toxic Substances Control Act.— (1) Asbestos.— Paragraphs (7), (9) and (12) of section 202 of the Toxic Substances Control Act (15 U.S.C. 2642) are amended by striking “14101” and inserting “9101”. (2) Radon.— Section 302(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(A)) is amended by striking “14101” and inserting “9101”. (g) Higher Education Act of 1965.— Paragraphs (4), (5), (6), (10), and (14) of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) are amended by striking “14101” and inserting “9101”. (h) General Education Provisions Act.— Section 425(6) of the General Education Provisions Act (20 U.S.C. 1226c(6)) is amended by striking “14701” and inserting “9601”. (i) Individuals With Disabilities Education Act.— Section 613(f) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(D) is amended by striking paragraph (3). (j) Education Amendments of 1972.— Section 908(2)(B) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by striking “14101” and inserting “9101”. (k) Carl D. Perkins Vocational and Technical Education Act of 1998.— Section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2302) is amended— (1) in paragraph (5)— (A) by striking “10306” and inserting “5206”; and (B) by striking “(20 U.S.C. 8066)”; (2) in paragraph (8), by striking “14101” and inserting “9101”; and (3) in paragraphs (16) and (21)— (A) by striking “14101” and inserting “9101”; and (B) by striking “(20 U.S.C. 8801)”. (l) Education for Economic Security Act.— (1) Economic security.— Section 3(3) of the Education for Economic Security Act (20 U.S.C. 3902) is amended— (A) in paragraph (3), by striking “198(a)(7)” and inserting “9101”; (B) in paragraph (7), by striking “198(a)(10)” and inserting “9101”; and (C) in paragraph (12), by striking “198(a)(17)” and inserting “9101”. (2) Asbestos.— Section 511 of the Education for Economic Security Act (20 U.S.C. 4020) is amended— (A) in paragraph (4)(A), by striking “198(a)(10)” and inserting “9101”; and (B) in paragraph (5)(A), by striking “198(a)(7)” and inserting “9101”. (m) James Madison Memorial Fellowship Act.— Section 815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by striking “14101” and inserting “9101”. (n) National Environmental Education Act.— Section 3(5) of the National Environmental Education Act (20 U.S.C. 5502(5)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 3381)”. (o) Education Flexibility Partnership Act of 1999.— Section 3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended by striking “14101” and inserting “9101”. (p) District of Columbia College Access Act of 1999.— Section 3(c)(5) of the District of Columbia College Access Act of 1999 (Public Law 106–98; 113 Stat. 1323) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (q) School-to-Work Opportunities Act of 1994.— Paragraph (5) of section 502(b) of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6212(b)(5)) is amended to read as follows: “(5) parts K through N of the Educational Research, Development, Dissemination, and Improvement Act of 1994; and”. (r) National Education Statistics Act of 1994.— Paragraphs (4) and (6) of section 402(c) of the National Education Statistics Act of 1994 (20 U.S.C. 9001(c)) are amended by striking “14101” and inserting “9101”. (s) Adult Education and Family Literacy Act.— Section 203(13) of the Adult Education and Family Literacy Act (20 U.S.C. 9202(13)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (t) Internal Revenue Code of 1986.— Section 1397E(d)(4)(B) of the Internal Revenue Code of 1986 is amended by striking “14101” and inserting “9101”. (u) Rehabilitation Act of 1973.— (1) Research.— Section 202(b)(4)(A)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “14101” and inserting “9101”. (2) Nondiscrimination.— Section 504(b)(2)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended by striking “14101” and inserting “9101”. (v) Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 2891(12))”. (w) Workforce Investment Act of 1998.— Paragraphs (23) and (40) of section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) are amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (x) Safe Drinking Water Act.— Paragraphs (3)(A) and (6) of section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j– 21) are amended by striking “14101” and inserting “9101”. (y) Civil Rights Act of 1964.— Section 606(2)(B) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking “14101” and inserting “9101”. (z) Age Discrimination Act of 1975.— Section 309(4)(B)(ii) of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking “14101” and inserting “9101”. (aa) Hazardous and Solid Waste Amendments of 1989.— Section 221(f)(3)(B)(i) of the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. 6921 note) is amended by striking “198(a)(7)” and inserting “9101”. (bb) Albert Einstein Distinguished Educator Fellowship Act of 1994.— Paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7382b) are amended by striking “14101” and inserting “9101”. (cc) Earthquake Hazards.— Section 2(c)(1)(A) of the Act entitled “An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes”, approved October 1, 1997 (42 U.S.C. 7704 note) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (dd) State Dependent Care Development Grants Act.— Paragraphs (6) and (11) of section 670G of the State Dependent Care Development Grants Act (42 U.S.C. 9877) are amended by striking “14101” and inserting “9101”. (ee) Community Services Block Grant Act.— Section 682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended— (1) by striking “14101” and inserting “9101”; and (2) by striking “(20 U.S.C. 8801)”. (ff) National and Community Service Act of 1990.— Paragraphs (8), (14), (22), and (28) of section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511) are amended by striking “14101” and inserting “9101”. (gg) Telecommunications Act of 1996.— Section 706(c)(2) of the Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended— (1) by striking “paragraphs (14) and (25), respectively, of section 14101” and inserting “section 9101”; and (2) by striking “(20 U.S.C. 8801)”. (hh) Communications Act of 1934.— Section 254(h)(7)(A) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is amended— (1) by striking “paragraphs (14) and (25), respectively, of section 14101” and inserting “section 9101” and (2) by striking “(20 U.S.C. 8801)” (ii) Transportation Equity Act for the 21st Century.— Section 4024 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31136 note) is amended by striking “14101” and inserting “9101”.Every Student Succeeds Act
Pub. L. 114–95 title IX § 9207(a) · 129 Stat. 1802
Substituted · 20 U.S.C. § 5891a(1)
Pub. L. 114–95 substituted “Educational service agency; local” for “Local” in heading and, in text
Substituted · 20 U.S.C. § 5891a(1)
Pub. L. 114–95 substituted “The terms ‘educational service agency’,” for “The terms” and made technical amendment to reference in original act which appears in text as reference to section 7801 of this title
Source evidence
Code amendment note
Par. (1). Pub. L. 114–95 substituted “Educational service agency; local” for “Local” in heading and, in text, substituted “The terms ‘educational service agency’,” for “The terms” and made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.Enacted provision · exact public law section
(a) Definitions.— Section 3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended— (1) in the paragraph heading, by striking “Local” and inserting “Educational service agency; local”; (2) by striking “The terms” and inserting “The terms ‘educational service agency’,”; and (3) by striking “section 9101” and inserting “section 8101”.Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
4 of 4 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 106–25, , 113 Stat. 41, known as the Education Flexibility Partnership Act of 1999, which enacted sections 5891a and 5891b of this title, amended section 1415 of this title, and enacted provisions set out as notes under sections 1415 and 5891a of this title. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 5801 of this title and Tables.
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.
Amendments2002–2015 · 2 rounds
2015
Par. (1). Pub. L. 114–95 substituted “Educational service agency; local” for “Local” in heading and, in text, substituted “The terms ‘educational service agency’,” for “The terms” and made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.
2002
Par. (1). Pub. L. 107–110 substituted “7801” for “8801”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs 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 , 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.
Findings
Pub. L. 106–25, § 2, , 113 Stat. 41, provided that:
“Congress makes the following findings:
“(1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in one State improve may not prove successful in other States.
“(2) Although the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and other Federal education statutes afford flexibility to State educational agencies and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education.
“(3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children.
“(4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives.
“(5) The Education Flexibility Partnership Demonstration Act [former 20 U.S.C. 5891(e)] allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers.
“(6) Expansion of waiver authority will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, such as the important focus on improving mathematics and science performance under title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6601 et seq.] (Dwight D. Eisenhower Professional Development Program), and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability.
“(7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process.”
Credits
1999–2015 · 3 acts
- 1999Pub. L. 106–25, § 3, , 113 Stat. 42
- 2002Pub. L. 107–110, title X, § 1076(o), , 115 Stat. 2092
- 2015Pub. L. 114–95, title IX, § 9207(a), , 129 Stat. 2141.
Show as published
(Pub. L. 106–25, § 3, , 113 Stat. 42; Pub. L. 107–110, title X, § 1076(o), , 115 Stat. 2092; Pub. L. 114–95, title IX, § 9207(a), , 129 Stat. 2141.)