Sec. 205. Waivers for career, technical, and adult education

604 words·~3 min read·/bill/116/s/4322/is/section-205

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In this section: The term eligible agency means— an eligible agency as defined under section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or an eligible agency as defined under section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ). The term qualifying emergency means— a public health emergency related to the coronavirus declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); an event related to the coronavirus for which the President 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 a national emergency related to the coronavirus declared by the President under section 201 of the National Emergencies Act ( 50 U.S.C. 1601 et seq.). The term Secretary means the Secretary of Education. Notwithstanding any other provision of law, the Secretary may, upon the request of an eligible agency, waive any statutory or regulatory provision described under paragraph

(1)or

(2)of subsection (c), if the Secretary determines that such waiver is necessary and appropriate due to a qualifying emergency. The Secretary shall create an expedited application process to request a waiver and the Secretary may waive any statutory or regulatory requirements, except as provided under subparagraph (B), for an eligible agency that govern the period of time during which the eligible agency may obligate funds, including the requirement under section 421(b) of the General Education Provisions Act ( 20 U.S.C. 1225(b) ) (commonly know as the Tydings Amendment ), if the Secretary determines that such a waiver is necessary and appropriate as described in subsection (b). The Secretary may not, pursuant to the authority under subparagraph (A), waive the requirement provided under section 1552 of title 31, United States Code. For an eligible agency— that receives funds under a program authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 ), the Secretary may waive statutory and regulatory requirements— under section 222(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3302(a) ); and related to the requirement that an application be submitted to the eligible agency under section 107(d)(11)(B)(i)(I) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122(d)(11)(B)(i)(I) ); and that receives funds under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.), the Secretary may waive statutory and regulatory requirements— related to the pooling of funds under section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2355(c) ); and related to the definition of the term professional development as defined in section 3(40) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(40) ) . Any waivers issued by the Secretary under this section shall be implemented, as applicable— for all public schools, including public charter schools, within the boundaries of the recipient of the waiver; and in accordance with State charter school law. Nothing in this title shall be construed to allow the Secretary to waive any statutory or regulatory requirements under applicable civil rights laws. For any State educational agency or Indian Tribe that requested a waiver under section 3511(c) of the CARES Act ( Public Law 116–136 ) prior to the date of enactment of this Act, the Secretary may waive statutory and regulatory requirements under the provisions of law described in subsection (c)(2) without an additional waiver application.

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