Conferees Agree On Revised ‘Ed-Flex’ Bill

House and Senate negotiators reached an agreement last week that ensures the passing of the first education legislation of the year. This agreement involved removing a provision from the Senate GOP that Democrats believed would undermine President Clinton’s teacher-hiring program. The lawmakers on the conference committee for the Education Flexibility Partnership Act resolved the differences between the House and Senate versions of the legislation and voted to move the reconciled bill forward. There are a few remaining details that staff members need to work through before the final package is voted on by the full House and Senate.

The most significant breakthrough occurred when Republicans agreed to eliminate a measure that Senate Majority Leader Trent Lott added to the Senate bill. This measure would have allowed the $1.2 billion allocated for class-size reduction to be used for special education instead. Democrats and the Clinton administration expressed their opposition to this provision, causing tensions to rise. Secretary of Education Richard W. Riley had threatened to recommend a presidential veto if the Lott amendment remained in the bill. However, now that it has been removed, Mr. Riley will support the revised bill.

The House and Senate each approved their own versions of the "Ed-Flex" bill last month. This bill offers states and school districts more freedom from certain federal rules in exchange for increased accountability. The legislation aims to expand an existing pilot program in 12 states to include all 50 states and the District of Columbia.

After the conference vote, Chairman of the House Education and the Workforce Committee, Rep. Bill Goodling, stated in an interview that he agreed with the Lott amendment in principle, but it did not belong in this particular legislation. Some Republicans have indicated their intent to revisit the issue later in the year. During the conference committee, Democrats reminded their Republican colleagues that they had enough votes to sustain a presidential veto. Sen. Edward M. Kennedy emphasized that the Lott amendment would force school districts to make a difficult choice between lowering class size or funding the Individuals with Disabilities Education Act.

As a concession to Sen. James M. Jeffords, the conferees agreed to modify the original class-size-reduction legislation. The new wording specifies that small districts that have already reduced class sizes to 18 or fewer in the early grades and do not receive sufficient funding to hire a full-time teacher would not be required to form consortia with other districts. This provision was seen as impractical for administrators in very small districts. The conferees also discussed language that would amend the discipline provisions of the IDEA, ultimately deciding to add "or possesses" to the language regarding a student with a disability carrying a weapon to school.

Democratic Sen. Tom Harkin strongly opposed amending the IDEA and suggested that Republicans and Democrats send a joint letter to the Education Department to request a change in the recently released regulations. Despite the attention the Ed-Flex bill has received, experts caution that it only offers modest freedom from existing federal policies. The bigger debate over education this year will be the reauthorization of the Elementary and Secondary Education Act. The conferees included a report language stating that Ed-Flex should remain consistent with the new law when the ESEA is reauthorized. Hearings on the ESEA are currently underway.

In conclusion, the negotiations between House and Senate lawmakers have paved the way for the passing of education legislation. The removal of the contentious provision and modifications to class-size-reduction legislation have addressed concerns raised by Democrats and the Clinton administration. However, there are still some details to be resolved before the final package is voted on. The Ed-Flex bill is a significant priority for Republicans following President Clinton’s impeachment acquittal, but its impact on education policy is considered to be modest compared to the reauthorization of the Elementary and Secondary Education Act.

The conferees also reached a consensus on a slightly altered House provision that states a state cannot grant a waiver request allowing a school, which would not normally qualify for Title I funds, to become eligible unless the number of economically disadvantaged students is no more than 10 percent lower than the eligibility criteria. However, various House Democrats on the Ed-Flex conference committee, such as Representative William L. Clay of Missouri, who holds the highest rank among Democrats on the Education and the Workforce Committee, expressed their dissatisfaction with the legislation, stating that it does not adequately guarantee that underprivileged students receive the federal funding they deserve.

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