Sec. 503. Waivers of statutory and regulatory requirements
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Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 ) is amended— by striking subsection
(a)and inserting the following: A State educational agency, local educational agency (through a State educational agency), or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. Except as provided in subsection (c), the Secretary shall 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 submits a waiver request pursuant to this subsection. ; in subsection (b)— in paragraph (1)— in the matter preceding subparagraph (A), by inserting , which shall include a plan after waiver request to the Secretary ; in subparagraph (B), by striking and how the waiving of those requirements will and all that follows through the end, and inserting a semicolon; by redesignating subparagraph
(E)as subparagraph (F); and by striking subparagraphs
(C)and (D), and inserting the following: describes the methods the State educational agency, local educational agency, or Indian tribe will use to— monitor the effectiveness of the implementation of the plan; and assure regular evaluation and continuous improvement of the plan; as applicable to the waiver request, includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses
(I)through
(IV)of section 1111(b)(2)(B)(viii); and ; in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State) ; in paragraph (3)— in subparagraph (A), in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State, after acting on its own behalf, ; and in subparagraph (B), by striking reviewed by the State educational agency and inserting reviewed and approved by the State educational agency before being submitted to the Secretary ; and by adding at the end the following: The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— the waiver request does not meet the requirements of this section; and the waiver is not permitted under subsection (c). If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— immediately— notify the State educational agency, local educational agency, or Indian tribe of such determination; and at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. The Secretary may disapprove a waiver request if— the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses
(i)and
(ii)of subparagraph (B); and the State educational agency, local educational agency, or Indian tribe— does not revise and resubmit the waiver request; or revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; in subsection (c), by striking paragraph
(2)and redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), and
(10)as paragraphs (2), (3), (4), (5), (6), (7), (8), and (9); in subsection (d)— in the heading, by adding after ; Limitations ; and Duration and Extension of Waiver by adding at the end the following: The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request. ; by striking subsection
(e)and inserting the following: A State educational agency, local educational agency, and Indian Tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(e), the progress of schools covered under the provisions of such waiver toward increasing academic achievement. ; and in subsection (f), by inserting and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, after has been inadequate to justify a continuation of the waiver .
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Sec. 503
Waivers of statutory and regulatory requirements
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