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Ed Sec Waiver Authority Per the No Child Left Behind

Ed Sec Waiver Authority Per the No Child Left Behind

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Published by Kevin R. Kosar

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Published by: Kevin R. Kosar on Jun 17, 2011
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115 STAT. 1972PUBLIC LAW 107110JAN. 8, 2002
agency and the Secretary to perform their duties undereach such program; and‘‘(B) maintain such records, provide such information,and afford such access to the records as the State edu-cational agency (after consultation with the Governor) orthe Secretary may reasonably require to carry out theState educational agency’s or the Secretary’s duties; and‘‘(7) before the application was submitted, the applicantafforded a reasonable opportunity for public comment on theapplication and considered such comment.‘‘(b) GEPA P
.—Section 442 of the General EducationProvisions Act shall not apply to programs under this Act.
‘‘(a) I
.—Except as provided in subsection (c), theSecretary may waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency,Indian tribe, or school through a local educational agency, that—‘‘(1) receives funds under a program authorized by this Act; and‘‘(2) requests a waiver under subsection (b).‘‘(b) R
.—‘‘(1) I
.—A State educational agency, local edu-cational agency, or Indian tribe that desires a waiver shallsubmit a waiver request to the Secretary that—‘‘(A) identifies the Federal programs affected by therequested waiver;‘‘(B) describes which Federal statutory or regulatoryrequirements are to be waived and how the waiving of those requirements will—‘‘(i) increase the quality of instruction for students;and‘‘(ii) improve the academic achievement of stu-dents;‘‘(C) describes, for each school year, specific, measur-able educational goals, in accordance with section 1111(b),for the State educational agency and for each local edu-cational agency, Indian tribe, or school that would beaffected by the waiver and the methods to be used tomeasure annually such progress for meeting such goalsand outcomes;‘‘(D) explains how the waiver will assist the Stateeducational agency and each affected local educationalagency, Indian tribe, or school in reaching those goals;and‘‘(E) describes how schools will continue to provideassistance to the same populations served by programsfor which waivers are requested.‘‘(2) A
.—Such requests—‘‘(A) may provide for waivers of requirements applicableto State educational agencies, local educational agencies,Indian tribes, and schools; and‘‘(B) shall be developed and submitted—
20 USC 7861.
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115 STAT. 1973PUBLIC LAW 107–110—JAN. 8, 2002
‘‘(i)(I) by local educational agencies (on behalf of those agencies and schools) to State educational agen-cies; and‘‘(II) by State educational agencies (on behalf of,and based on the requests of, local educational agen-cies) to the Secretary; or‘‘(ii) by Indian tribes (on behalf of schools operatedby the tribes) to the Secretary.‘‘(3) G
.—‘‘(A) S
.—In the case of a waiver request submitted by a State educational agencyacting on its own behalf, the State educational agencyshall—‘‘(i) provide all interested local educational agenciesin the State with notice and a reasonable opportunityto comment on the request;‘‘(ii) submit the comments to the Secretary; and‘‘(iii) provide notice and information to the publicregarding the waiver request in the manner in whichthe applying agency customarily provides similarnotices and information to the public.‘‘(B) L
.—In the case of a waiver request submitted by a local educational agencythat receives funds under this Act—‘‘(i) the request shall be reviewed by the Stateeducational agency and be accompanied by the com-ments, if any, of the State educational agency; and‘‘(ii) notice and information regarding the waiverrequest shall be provided to the public by the agencyrequesting the waiver in the manner in which thatagency customarily provides similar notices andinformation to the public.‘‘(c) R
.—The Secretary shall not waive under thissection any statutory or regulatory requirements relating to—‘‘(1) the allocation or distribution of funds to States, localeducational agencies, or other recipients of funds under this Act;‘‘(2) maintenance of effort;‘‘(3) comparability of services;‘‘(4) use of Federal funds to supplement, not supplant,non-Federal funds;‘‘(5) equitable participation of private school students andteachers;‘‘(6) parental participation and involvement;‘‘(7) applicable civil rights requirements;‘‘(8) the requirement for a charter school under subpart1 of part B of title V;‘‘(9) the prohibitions regarding—‘‘(A) State aid in section 9522;‘‘(B) use of funds for religious worship or instructionin section 9505; and‘‘(C) activities in section 9526; or‘‘(10) the selection of a school attendance area or schoolunder subsections (a) and (b) of section 1113, except that theSecretary may grant a waiver to allow a school attendancearea or school to participate in activities under part A of titleI if the percentage of children from low-income families in
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115 STAT. 1974PUBLIC LAW 107110JAN. 8, 2002
the school attendance area or who attend the school is notmore than 10 percentage points below the lowest percentageof those children for any school attendance area or schoolof the local educational agency that meets the requirementsof subsections (a) and (b) of section 1113.‘‘(d) D
.—‘‘(1) I
.—Except as provided in paragraph (2),a waiver approved by the Secretary under this section maybe for a period not to exceed 4 years.‘‘(2) E
.—The Secretary may extend the perioddescribed in paragraph (1) if the Secretary determines that—‘‘(A) the waiver has been effective in enabling the Stateor affected recipient to carry out the activities for whichthe waiver was requested and the waiver has contributedto improved student achievement; and‘(B) the extension is in the public interest.‘‘(e) R
.—‘‘(1) L
.—A local educational agency thatreceives a waiver under this section shall, at the end of thesecond year for which a waiver is received under this sectionand each subsequent year, submit a report to the State edu-cational agency that—‘‘(A) describes the uses of the waiver by the agencyor by schools;‘‘(B) describes how schools continued to provide assist-ance to the same populations served by the programs forwhich waivers were granted; and‘‘(C) evaluates the progress of the agency and of schoolsin improving the quality of instruction or the academicachievement of students.‘‘(2) S
.—A State educational agency thatreceives reports required under paragraph (1) shall annuallysubmit a report to the Secretary that is based on those reportsand contains such information as the Secretary may require.‘‘(3) I
.—An Indian tribe that receivesa waiver under this section shall annually submit a reportto the Secretary that—‘‘(A) describes the uses of the waiver by schools oper-ated by the tribe; and‘‘(B) evaluates the progress of those schools inimproving the quality of instruction or the academicachievement of students.‘‘(4) R
.—Beginning in fiscal year 2002and for each subsequent year, the Secretary shall submit tothe Committee on Education and the Workforce of the Houseof Representatives and the Committee on Health, Education,Labor, and Pensions of the Senate a report—‘‘(A) summarizing the uses of waivers by State edu-cational agencies, local educational agencies, Indian tribes,and schools; and‘‘(B) describing whether the waivers—‘‘(i) increased the quality of instruction to students;or‘‘(ii) improved the academic achievement of stu-dents.‘‘(f) T
.—The Secretary shall terminatea waiver under this section if the Secretary determines, after notice
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