Page:United States Statutes at Large Volume 108 Part 1.djvu/624

 108 STAT. 598 PUBLIC LAW 103-239—MAY 4, 1994 (i) IN GENERAL. — If the State does not make a determination to submit or not submit the request within the 30-day time period specified in subparagraph (A), the local partnership may submit the application to the Secretaries. (ii) REQUIREMENTS.—In submitting such an application, the local partnership shall obtain the agreement of the State involved to comply with the requirements of section 502(a)(1)(C) or 503(a)(1)(C), as appropriate, and comply with the other requirements of section 502 or 503, as appropriate, and of subsections (c) and (d), that would otherwise apply to a State submitting a request for a waiver. In reviewing such an application, the Secretaries shall comply with the requirements of such section and such subsections that would otherwise apply to the Secretaries with respect to review of such a request. (c) WAIVER CRITERIA, —Any such request by the State shall meet the criteria contained in section 502 or 503 and shall specify the provisions or regulations referred to in such sections with respect to which the State seeks a waiver. (d) SUPPORT BY APPROPRIATE STATE AGENCIES.— In requesting such a waiver, the State shall provide evidence of support for the waiver request by the State agencies or officials with jurisdiction over the provisions or regulations that would be waived. 20 USC 6212. SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION. (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;

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