113 STAT. 48 PUBLIC LAW 106-25—APR. 29, 1999 (A) maintenance of effort; (B) comparability of services; (C) equitable participation of students and professional staff in private schools; (D) parental participation and involvement; (E) distribution of funds to States or to local educational agencies; (F) serving eligible school attendance areas in rank order under section 1113(a)(3) of the Elementary and Secondary Education Act of 1965; (G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections (a) and (b); (H) use of Federal funds to supplement, not supplant, non-Federal funds; and (I) applicable civil rights requirements; and (2) unless the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) TREATMENT OF EXISTING ED-FLEX PARTNERSHIP STATES.— (1) IN GENERAL.— Except as provided in paragraphs (3) and (4), this section shall not apply to a State educational agency that has been granted waiver authority under the provisions of law described in paragraph (2) for the duration of the waiver authority. (2) APPLICABLE PROVISIONS.— The provisions of law referred to in paragraph (1) are as follows: (A) Section 311(e) of the Goals 2000: Educate America Act. (B) The proviso referring to such section 311(e) under the heading "EDUCATION REFORM" in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-229). (3) SPECIAL RULE. —I f a State educational agency granted waiver authority pursuant to the provisions of law described in subparagraph (A) or (B) of paragraph (2) applies to the Secretary for waiver authority under this section— (A) the Secretary shall review the progress of the State educational agency in achieving the objectives set forth in the application submitted pursuant to section 311(e) of the Goals 2000: Educate America Act; and (B) the Secretary shall administer the waiver authority granted under this section in accordance with the requirements of this section. (4) TECHNOLOGY.—In the case of a State educational agency granted waiver authority under the provisions of law described in subparagraph (A) or (B) of paragraph (2), the Secretary shall permit a State educational agency to expand, on or after
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