Sec. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION

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## SEC. 502 WAIVER AUTHORITY OF SECRETARY OF EDUCATION **[**[20 U.S.C. 6212](/us/usc/t20/s6212)**]** ###

(a)Waiver Authority ####

(1)In general Except as provided in subsection (c), the Secretary of Education may waive any requirement under any provision of law referred to in subsection (b), or of any regulation issued under such provision, for a State that requests such a waiver and has an approved State plan— #####

(A)if, and only to the extent that, the Secretary of Education determines that such requirement impedes the ability of the State or a local partnership to carry out the purposes of this Act; #####

(B)if the State provides the Secretary of Education with documentation of the necessity for the waiver, including information concerning— ######

(i)the specific requirement that will be waived; ######

(ii)the specific positive outcomes expected from the waiver and why those outcomes cannot be achieved while complying with the requirement; ######

(iii)the process that will be used to monitor the progress of the State or local partnership in implementing the waiver; and ######

(iv)such other information as the Secretary of Education may require; #####

(C)if the State waives, or agrees to waive, similar requirements of State law; and #####

(D)if the State— ######

(i)has provided all local partnerships that carry out programs under this Act, and local educational agencies participating in such a local partnership, in the State with notice and an opportunity to comment on the proposal of the State to seek a waiver; ######

(ii)provides, to the extent feasible, to students, parents, advocacy and civil rights groups, and labor and business organizations an opportunity to comment on the proposal of the State to seek a waiver; and ######

(iii)has submitted the comments of the local partnerships and local educational agencies to the Secretary of Education. ####

(2)Approval or disapproval The Secretary of Education shall promptly approve or disapprove any request submitted pursuant to paragraph

(1)and shall issue a decision that shall— #####

(A)include the reasons for approving or disapproving the request, including a response to comments on the proposal; and #####

(B)in the case of a decision to approve the request, be disseminated by the State seeking the waiver to interested parties, including educators, parents, students, advocacy and civil rights organizations, labor and business organizations, and the public. ####

(3)Approval criteria In approving a request under paragraph (2), the Secretary of Education shall consider the amount of State resources that will be used to implement the approved State plan. ####

(4)Term Each waiver approved pursuant to this subsection shall be for a period not to exceed 5 years, except that the Secretary of Education may extend such period if the Secretary of Education determines that the waiver has been effective in enabling the State or local partnership to carry out the purposes of this Act. ###

(b)Included Programs The provisions subject to the waiver authority of this section are— ####

(1)title I of the Elementary and Secondary Education Act of 1965; ####

(2)part A of title II of the Elementary and Secondary Education Act of 1965; ####

(3)part A of title V of the Elementary and Secondary Education Act of 1965; ####

(4)part B of title IX of the Elementary and Secondary Education Act of 1965; ####

(5)title XIII of the Elementary and Secondary Education Act of 1965; and ####

(6)the Carl D. Perkins Vocational and Applied Technology Education Act. ###

(c)Waivers Not Authorized The Secretary of Education may not waive any requirement of any provision referred to in subsection (b), or of any regulation issued under such provision, relating to— ####

(1)the basic purposes or goals of such provision; ####

(2)maintenance of effort; ####

(3)comparability of services; ####

(4)the equitable participation of students attending private schools; ####

(5)student and parental participation and involvement; ####

(6)the distribution of funds to State or local educational agencies; ####

(7)the eligibility of an individual for participation in a program under such provision; ####

(8)public health or safety, labor standards, civil rights, occupational safety and health, or environmental protection; or ####

(9)prohibitions or restrictions relating to the construction of buildings or facilities. ###

(d)Termination of Waivers The Secretary of Education shall periodically review the performance of any State, local partnership, or local educational agency, for which the Secretary of Education has granted a waiver under this section and shall terminate the waiver under this section if the Secretary of Education determines that the performance of the State, local partnership, or local educational agency that is affected by the waiver has been inadequate to justify a continuation of the waiver, or the State fails to waive similar requirements of State law as required or agreed to in accordance with subsection (a)(1)(C).

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20 USC 6212

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Sec. 502

WAIVER AUTHORITY OF SECRETARY OF EDUCATION

Cite20 USC 6212

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