Page:United States Statutes at Large Volume 118.djvu/2691

 118 STAT. 2661 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘SEC. 608. STATE ADMINISTRATION. ‘‘(a) RULEMAKING.—Each State that receives funds under this title shall— ‘‘(1) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title; ‘‘(2) identify in writing to local educational agencies located in the State and the Secretary any such rule, regulation, or policy as a State imposed requirement that is not required by this title and Federal regulations; and ‘‘(3) minimize the number of rules, regulations, and policies to which the local educational agencies and schools located in the State are subject under this title. ‘‘(b) SUPPORT AND FACILITATION.—State rules, regulations, and policies under this title shall support and facilitate local educational agency and school level system improvement designed to enable children with disabilities to meet the challenging State student academic achievement standards. ‘‘SEC. 609. PAPERWORK REDUCTION. ‘‘(a) PILOT PROGRAM.— ‘‘(1) PURPOSE.—The purpose of this section is to provide an opportunity for States to identify ways to reduce paperwork burdens and other administrative duties that are directly asso ciated with the requirements of this title, in order to increase the time and resources available for instruction and other activities aimed at improving educational and functional results for children with disabilities. ‘‘(2) AUTHORIZATION.— ‘‘(A) IN GENERAL.—In order to carry out the purpose of this section, the Secretary is authorized to grant waivers of statutory requirements of, or regulatory requirements relating to, part B for a period of time not to exceed 4 years with respect to not more than 15 States based on proposals submitted by States to reduce excessive paper work and noninstructional time burdens that do not assist in improving educational and functional results for children with disabilities. ‘‘(B) EXCEPTION.—The Secretary shall not waive under this section any statutory requirements of, or regulatory requirements relating to, applicable civil rights require ments. ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to— ‘‘(i) affect the right of a child with a disability to receive a free appropriate public education under part B; and ‘‘(ii) permit a State or local educational agency to waive procedural safeguards under section 615. ‘‘(3) PROPOSAL.— ‘‘(A) IN GENERAL.—A State desiring to participate in the program under this section shall submit a proposal to the Secretary at such time and in such manner as the Secretary may reasonably require. ‘‘(B) CONTENT.—The proposal shall include— ‘‘(i) a list of any statutory requirements of, or regu latory requirements relating to, part B that the State 20 USC 1408. 20 USC 1407.

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