Sec. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS
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## SEC. 8013 WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS **[**[20 U.S.C. 7861](/us/usc/t20/s7861)**]** Section 8401, as redesignated by section 8001 of this Act, is amended— ####
(1)by striking subsection
(a)and inserting the following: > > ### “(a) In general > > > #### “(1) Request for waiver by state or indian tribe > > 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. > > > #### “(2) Local educational agency and school requests submitted through the state > > > ##### “(A) Request for waiver by local educational agency > > 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. > > > ##### “(B) Request for waiver by school > > 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. > > > #### “(3) Receipt of waiver > > 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.” > ; ####
(2)in subsection (b)— #####
(A)in paragraph (1)— ######
(i)in the matter preceding subparagraph (A)— ######
(I)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 ######
(II)by inserting “, which shall include a plan” after “to the Secretary”; ######
(ii)by redesignating subparagraph
(E)as subparagraph (F); ######
(iii)by striking subparagraphs (B), (C), and
(D)and inserting the following: > > ##### “(B) > > describes which Federal statutory or regulatory requirements are to be waived; > > > ##### “(C) > > describes how the waiving of such requirements will advance student academic achievement; > > > ##### “(D) > > describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; > > > ##### “(E) > > includes only information directly related to the waiver request; and” > ; and ######
(iv)in subparagraph (F), as redesignated by clause (ii), by inserting “and, if the waiver relates to provisions of subsections
(b)or
(h)of section 1111, describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi)” after “waivers are requested”; #####
(B)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)”; #####
(C)in paragraph (3)— ######
(i)in subparagraph (A)— ######
(I)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 ######
(II)by striking clauses
(i)through
(iii)and inserting the following: > > ###### “(i) > > provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency; > > > ###### “(ii) > > submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and > > > ###### “(iii) > > provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment to the public.” > ; and ######
(ii)in subparagraph (B), by striking clauses
(i)and
(ii)and inserting the following: > > ###### “(i) > > the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and > > > ###### “(ii) > > notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public.” > . #####
(D)by adding at the end the following: > > #### “(4) Waiver determination, demonstration, and revision > > > ##### “(A) In general > > The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— > > > ###### “(i) > > the waiver request does not meet the requirements of this section; > > > ###### “(ii) > > the waiver is not permitted under subsection (c); > > > ###### “(iii) > > the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or > > > ###### “(iv) > > the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. > > > ##### “(B) Waiver determination and revision > > Upon the initial determination of disapproval under subparagraph (A), the Secretary shall— > > > ###### “(i) > > immediately— > > > ###### “(I) > > notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and > > > ###### “(II) > > provide detailed reasons for such determination in writing to the applicable entity under subclause
(I)to the public, such as posting in a clear and easily accessible format to the Department’s website; > > > ###### “(ii) > > offer the State educational agency, local educational agency (through the State educational agency), school (through the local 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 > > > ###### “(iii) > > if the Secretary determines that the resubmission under clause
(ii)does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission. > > > ##### “(C) Waiver disapproval > > The Secretary may ultimately disapprove a waiver request if— > > > ###### “(i) > > the State educational agency, local educational agency, school, 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 > > > ###### “(ii) > > the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe— > > > ###### “(I) > > does not revise and resubmit the waiver request; or > > > ###### “(II) > > 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), if such a hearing is requested. > > > ##### “(D) External conditions > > The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.” > ; ####
(3)in subsection (c)— #####
(A)in paragraph (1), by inserting “, Indian tribes” after “local educational agencies”; #####
(B)in paragraph (8), by striking “subpart 1 of part B of title V” and inserting “part C of title IV”; and #####
(C)by striking paragraph
(9)and inserting the following: > > #### “(9) > > the prohibitions— > > > ##### “(A) > > in subpart 2 of part F; > > > ##### “(B) > > regarding use of funds for religious worship or instruction in section 8505; and > > > ##### “(C) > > regarding activities in section 8526; or” > ; ####
(4)in subsection (d)— #####
(A)in the subsection heading, by adding “; Limitations” after “Waiver”; #####
(B)in paragraph (2), in the matter preceding subparagraph (A), by striking “Secretary determines” and inserting “State demonstrates”; and #####
(C)by adding at the end the following: > > #### “(3) Specific limitations > > The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to— > > > ##### “(A) > > include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; > > > ##### “(B) > > use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or > > > ##### “(C) > > include in, or delete from, such waiver request any specific elements of— > > > ###### “(i) > > State academic standards; > > > ###### “(ii) > > academic assessments; > > > ###### “(iii) > > State accountability systems; or > > > ###### “(iv) > > teacher and school leader evaluation systems.” > ; ####
(5)by striking subsection
(e)and inserting the following: > > ### “(e) Reports > > A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)— > > > #### “(1) > > the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and > > > #### “(2) > > how the use of the waiver has contributed to such progress.” > ; and ####
(6)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— > > > ##### “(A) > > presents a rationale and supporting information that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or > > > ##### “(B) > > determines that the waiver is no longer necessary to achieve its original purposes.” > .
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Sec. 8013
WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS
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