Sec. 204. National emergency educational waivers

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Notwithstanding any other provision of law, the Secretary of Education (referred to in this section as the Secretary ) may waive any statutory or regulatory provision described under subsection (b)(1)(A) if the Secretary determines that such a waiver is necessary and appropriate due to the qualifying emergency. The Secretary shall waive any of the following statutory or regulatory requirements for a State educational agency, local educational agency, Indian tribe, or school, if the Secretary determines that such a waiver is necessary and appropriate as described in subsection (a), under the following provisions of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.):

Section 1118(a) and section 8521. Section 1127. Section 4106(d). Subparagraphs (C), (D), and

(E)of section 4106(e)(2). Section 4109(b). The definition under section 8101(42) for purposes of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq.). Any waivers issued by the Secretary under this section shall be implemented— for all public schools, including public charter schools, within the boundaries of the recipient of the waiver; in accordance with State charter school law; and pursuant to section 1111(c)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(5) ). The Secretary shall comply as follows if the Secretary determines such action necessary and appropriate: The Secretary shall allow the required 15 percent set-aside for pre-employment transition services (PreETS) provided under section 110(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 730(d) ) to be available for expenditure for other vocational rehabilitation services. During the course of the qualifying emergency, the Secretary shall waive the maintenance of effort requirement described in section 111(a)(2)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 731(a)(2)(B) ). The Secretary shall not waive under this section any statutory or regulatory requirements relating to applicable civil rights laws. A State educational agency, local educational agency, Indian tribe, or school that desires a waiver from any statutory or regulatory provision described under subsection (b)(1), may submit a waiver request to the Secretary in accordance with this subsection. A request for a waiver under this subsection shall— identify the Federal programs affected by the requested waiver; describe which Federal statutory or regulatory requirements are to be waived; and describe how the emergency involving Federal primary responsibility determined to exist by the President under the section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191(b) ) with respect to the Coronavirus Disease 2019 (COVID–19) prevents or otherwise restricts the ability of the State educational agency, local educational agency, Indian tribe, or school to comply with such statutory or regulatory requirements. Except as provided under subparagraph (B), the Secretary shall approve or disapprove a waiver request submitted under paragraph

(1)not more than 30 days after the date on which such request is submitted. The Secretary may disapprove a waiver request submitted under paragraph (1), only if the Secretary determines that— the waiver request does not meet the requirements of this section; the waiver is not permitted pursuant to subsection (b)(1); or the description required under paragraph (2)(C) provides insufficient information to demonstrate that the waiving of such requirements is necessary or appropriate consistent with subsection (a). Except as provided in subparagraph (B), a waiver approved by the Secretary under this subsection may be for a period not to exceed 1 academic year. The Secretary may extend the period described under subparagraph

(A)if the State educational agency, local educational agency, Indian tribe, or school demonstrates to the Secretary that extending the waiving of such requirements is necessary and appropriate consistent with subsection (a). Not later than 7 days after granting a waiver under this section, the Secretary shall notify the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives of such waiver. Not later than 30 days after granting a waiver under this section, the Secretary shall publish a notice of the Secretary’s decision in the Federal Register and on the website of the Department of Education. Notwithstanding any other provision of law, the Secretary may authorize services provided under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.) to continue for an individual during the delayed transition to services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq.) evaluation timeline so that such individual may continue to receive services after the individual’s third birthday under such part C and until a part B of such Act evaluation is completed and an eligibility determination made. Notwithstanding any other provision of law, the Secretary may grant a deferral of the work or repayment requirements or allow credit to be given for the service obligation under section 662(h)(1) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1462(h)(1) ), if employment was interrupted by the COVID–19 national emergency. Nothing in this section shall be construed to alter any State educational agency or local educational agency obligation under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) during any period that is not a qualifying emergency. In this section, the term qualifying emergency means, a period during which— a public health emergency has been declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); a Governor of a State or territory has declared a state of emergency; a Governor of a State or territory, mayor, or a local health official has determined that in-person meetings, education or and services are not permissible or safe due to the risk of disease; or the President has declared a— major disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 and 5191); or national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq.).

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