Page:United States Statutes at Large Volume 108 Part 1.djvu/201

 PUBLIC LAW 103-227—MAR. 31, 1994 108 STAT. 175 (2) APPLICATION. —(A)(i) To request a waiver under paragraph (1), a local educational agency or school that receives funds under this title, or a local educational agency or school that does not receive funds under this title but is undertaking school reform efforts that the Secretary determines are comparable to the activities described in section 306, shall transmit an application for such a waiver to the State educational agency. The State educational agency then shall submit approved applications for waivers under paragraph (1) to the Secretary. (ii) A State educational agency that receives funds under this title may request a waiver under paragraph (1) by submitting an application for such waiver to the Secretary. (B) Each application submitted to the Secretary under subparagraph (A) shall— (i) identify the statutory or regulatory requirements that are requested to be waived and the goals that the State educational agency or local educational agency or school intends to achieve; (ii) describe the action that the State educational agency has undertaken to remove State statutory or regulatory barriers identified in the application of local educational agencies; (iii) describe the goals of the waiver and the expected programmatic outcomes if the request is granted; (iv) describe the numbers and types of students to be impacted by such waiver; (v) describe a timetable for implementing a waiver; and (vi) describe the process the State educational agency will use to monitor, on a biannual basis, the progress in implementing a waiver. (3) TIMELINESS. —The Secretary shall act promptly on a request for a waiver under paragraph (1) and shall provide a written statement of the reasons for granting or denying such request. (4) DURATION.— Each waiver under paragraph (1) shall be for a period not to exceed 4 years. The Secretary may extend such period if the Secretary determines that the waiver has been effective in enabling the State or affected local educational agencies to carry out reform plans. (b) INCLUDED PROGRAMS.— The statutory or regulatory requirements subject to the waiver authority of this section are any such requirements under the following programs or Acts: (1) Chapter 1 of title I of the Elementary and Secondary Education Act of 1965, including Even Start. (2) Part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965. (3) The Dwight D. Eisenhower Mathematics and Science Education Act. (4) The Emergency Immigrant Education Act of 1984. (5) The Drug-Free Schools and Communities Act of 1986. (6) The Carl D. Perkins Vocational and Applied Technology Education Act. (c) WAIVERS NOT AUTHORIZED. — The Secretary may not waive any statutory or regulatory requirement of the programs or Acts described in subsection (b)--

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