Page:United States Statutes at Large Volume 108 Part 1.djvu/203

 PUBLIC LAW 103-227—MAR. 31, 1994 108 STAT. 177 has adopted an educational flexibility plan for the State that includes— (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies or schools requesting waivers of— (I) Federal statutory or regulatory requirements described in paragraph (2)(A); and (II) State statutory or regulatory requirements relating to education; and (ii) a ofetailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive. (B) The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies and schools within such State in carrying out comprehensive educational reform and otherwise meeting the purposes of this Act, after considering— (i) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A); (ii) the ability of such plan to ensure accountability for the activities and goals described in such plan; (iii) the significance of the State statutory or regulatory requirements relating to education that will be waived; and (iv) the quality of the State educational agenc/s process for approving applications for waivers of Federal statutory or regulatory requirements described in paragraph (2)(A) and for monitoring and evaluating the results of such waivers. (5) LOCAL APPLICATION.— (A) Each local educational agency or school requesting a waiver of a Federal statutory or regulatory requirement described in paragraph (2)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall— (i) indicate each Federal program affected and the statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results of waiving each such requirement; (iii) describe for each school year specific, measurable, educational goals for each local educational agency or school affected by the proposed waiver; and (iv) explain why the waiver will assist the local educational agency or school in reaching such goals. (B) A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (4)(A). (C) A State educational agency shall not approve an application for a waiver under this paragraph unless— (i) the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively; and

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