Page:United States Statutes at Large Volume 115 Part 2.djvu/988

 115 STAT. 1972 PUBLIC LAW 107-llO^JAN. 8, 2002 agency and the Secretary to perform their duties under each such program; and "(B) maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency's or the Secretary's duties; and "(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. "(b) GEPA PROVISION.— Section 442 of the General Education Provisions Act shall not apply to programs under this Act. "PART D—WAIVERS 20 USC 7861. "SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIRE- MENTS. "(a) IN GENERAL.—Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school through a local educational agency, that— "(1) receives funds under a program authorized by this Act; and "(2) requests a waiver under subsection (b). "(b) REQUEST FOR WAIVER.— "(1) IN GENERAL. —^A State educational agency, local educational agency, or Indian tribe that desires a waiver shall submit a waiver request to the Secretary that— "(A) identifies the Federal programs affected by the requested waiver; "(B) describes which Federal statutory or regulatory requirements are to be waived and how the waiving of those requirements will— "(i) increase the quality of instruction for students; and "(ii) improve the academic achievement of students; "(C) describes, for each school year, specific, measurable educational goals, in accordance with section 1111(b), for the State educational agency and for each local educational agency, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure annually such progress for meeting such goals and outcomes; "(D) explains how the waiver will assist the State educational agency and each affected local educational agency, Indian tribe, or school in reaching those goals; and "(E) describes how schools will continue to provide assistance to the same populations served by programs for which waivers are requested. "(2) ADDITIONAL INFORMATION.—Such requests— "(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and "(B) shall be developed and submitted—

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