Page:United States Statutes at Large Volume 115 Part 2.djvu/634

 115 STAT. 1618 PUBLIC LAW 107-110-^AN. 8, 2002 than 1 year after the date of enactment of the No Child Left Behind Act of 2001; and "(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.). "(5) EMERGENCY SITUATION.— In an emergency situation in which regulations to carry out this title must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this title, the Secretary may issue proposed regulations without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional meetings to review such proposed regulations. "(c) LIMITATION.—Regulations to carry out this part may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program. 20 USC 6572. "SEC. 1902. AGREEMENTS AND RECORDS. "(a) AGREEMENTS. —All published proposed regulations shall conform to agreements that result from negotiated rulemaking described in section 1901 unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agreements. "(b) RECORDS.— The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained. 20 USC 6573. "SEC. 1903. STATE ADMINISTRATION. "(a) RULEMAKING.— "(1) IN GENERAL.— Each State that receives funds under this title shall— "(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment; "(B) minimize such rules, regulations, and policies to which the State's local educational agencies and schools are subject; "(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs; and "(D) identify any such rule, regulation, or policy as a State-imposed requirement. "(2) SUPPORT AND FACILITATION.— State rules, regulations, and policies under this title shall support and facilitate local educationsJ agency and school-level systemic reform designed to enable all children to meet the challenging State student academic achievement standards. "(b) COMMITTEE OF PRACTITIONERS. — "(1) IN GENERAL.— Each State educational agency that receives funds under this title shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this title.

�