115 STAT. 1972PUBLIC LAW 107–110—JAN. 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.
‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-MENTS.
.—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
.—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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