Sec. 9105. Waivers of statutory and regulatory requirements
1,117 words·~5 min read·
/bill/114/s/1177/pcs/section-9105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9401 ( 20 U.S.C. 7861 ) is amended— by striking subsection
(a)and inserting the following: 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. A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph
(A)if the local educational agency determines the waiver appropriate. Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection. ; in subsection (b)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking , local educational agency, and inserting , acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), ; and by inserting , which shall include a plan after to the Secretary ; 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 and regularly evaluate the effectiveness of the implementation of the plan; includes only information directly related to the waiver request 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 each category of students described in section 1111(b)(2)(B)(xi); and ; in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on behalf of those agencies 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 under subsection (a)(2), after acting on its own behalf, ; and in clause (i)— by striking all interested local educational agencies and inserting any interested local educational agency ; and by inserting , to the extent that the request impacts the local educational agency before the semicolon at the end; and in subparagraph (B)(i), by striking reviewed by the State educational agency and inserting reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary ; and by adding at the end the following: The Secretary shall issue a written determination regarding the approval or disapproval of 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; or 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 and State educational agency, or Indian tribe, as applicable, of such determination; and provide detailed reasons for such determination in writing and in a public manner, such as posting to the Department’s website in a clear and easily accessible manner; offer the State educational agency, local educational agency (through the State educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is 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 (through the State 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)— in paragraph (8), by striking subpart 1 of part B of title V and inserting part A of title V ; and in paragraph (10), by striking subsections
(a)and
(b)of section 1113 and insert section 1113(a) both places the term appears; in subsection (d)— in the subsection heading, by adding after ; Limitations ; and 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, criterion, or priority for the approval of a waiver request, unless such requirements are— otherwise requirements under this Act; and directly related to the waiver request. ; by striking subsection
(e)and inserting the following: A State educational agency, local educational agency, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(d)— the progress of schools covered under the provisions of such waiver toward improving the quality of instruction to students and increasing student academic achievement; and how the use of the waiver has contributed to such progress. ; and in subsection (f), by striking if the Secretary determines and all that follows through the period at the end and inserting the following: if, after notice and an opportunity for a hearing, the Secretary— presents substantial evidence that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or determines that the waiver is no longer necessary to achieve its original purposes. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 9105
Waivers of statutory and regulatory requirements
Cites 1Cited by 0 across 0 sources