Page:United States Statutes at Large Volume 108 Part 5.djvu/410

 108 STAT. 3900 PUBLIC LAW 103-382—OCT. 20, 1994 "(3) GENERAL REQUIREMENTS. — (A) In the case of a waiver request submitted by a State educational agency acting in its own behalf, the State educational agency shall— "(i) provide all interested local educational agencies in the State with notice and a reasonable opportunity to comment on the request; Public "(ii) submit the comments to the Secretary; and information. «(jjj) provide notic'i and information to the public regarding the waiver re [uest in the manner that the apply- ing agency customarily provides similar notices and information to the public. "(B) In the case of a waiver request submitted by a local educational agency that receives funds under this Act— "(i) such request shall be reviewed by the State educational agency and be accompanied by the comments, if any, of such State educational agency; and Public (ii) notice and information regarding the waiver information. request shall be provided to the public by the agency requesting the waiver in the manner that such agency customarily provides similar notices and information to the public. "(c) RESTRICTIONS.— The Secretary shall not waive under this section any statutory or regulatory requirements relating to— "(1) the allocation or distribution of funds to States, local educational agencies, or other recipients of funds under this Act; "(2) maintenance of effort; "(3) comparability of services; "(4) use of Federal funds to supplement, not supplant, non-Federal funds; "(5) equitable participation of private school students and teachers; "(6) parental participation and involvement; "(7) applicable civil rights requirements; "(8) the requirement for a charter school under part C of title X; or "(9) the prohibitions regarding— "(A) State aid in section 14502; or "(B) use of funds for religious worship or instruction in section 14507. "(d) DURATION AND EXTENSION OF WAIVER.— "(1) IN GENERAL.— Except as provided in paragraph (2), the duration of a waiver approved by the Secretary under this section may be for a period not to exceed three years. "(2) EXTENSION. — The Secretary may extend the period described in paragraph (1) if the Secretary determines that— "(A) the waiver has been effective in enabling the State or affected recipients to carry out the activities for which the waiver was requested and the waiver has contributed to improved student performance; and "(B) such extension is in the public interest. "(e) REPORTS.— "(1) LOCAL WAIVER. — ^A local educational agency that receives a waiver under this section shall at the end of the second year for which a waiver is received under this section, and each subsequent year, submit a report to the State educational agency that—

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