Page:United States Statutes at Large Volume 115 Part 2.djvu/989

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1973 "(i)(I) by local educational agencies (on behalf of those agencies and schools) to State educational agencies; and "(II) by State educational agencies (on behalf of, and based on the requests of, local educational agencies) to the Secretary; or "(ii) by Indian tribes (on behalf of schools operated by the tribes) to the Secretary. " (3) GENERAL REQUIREMENTS.— "(A) STATE EDUCATIONAL AGENCIES.—In the case of a waiver request submitted by a State educational agency acting on 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; "(ii) submit the comments to the Secretary; and "(iii) provide notice and information to the public regarding the waiver request in the manner in which the applying agency customarily provides similar notices and information to the public. "(B) LOCAL EDUCATIONAL AGENCIES.— In the case of a waiver request submitted by a local educational agency that receives funds under this Act— "(i) the request shall be reviewed by the State educational agency and be accompanied by the comments, if any, of the State educational agency; and "(ii) notice and information regarding the waiver request shall be provided to the public by the agency requesting the waiver in the manner in which that 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 subpart 1ofpartBoftitleV; "(9) the prohibitions regarding— "(A) State aid in section 9522; "(B) use of funds for religious worship or instruction in section 9505; and "(C) activities in section 9526; or "(10) the selection of a school attendance area or school under subsections (a) and (b) of section 1113, except that the Secretary may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I if the percentage of children from low-income families in

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