 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
                             Part D--Waivers
 
Sec. 8881. Waivers of statutory and regulatory requirements


(a) In general

    Except as provided in subsection (c) of this section, the Secretary 
may waive any statutory or regulatory requirement of this chapter 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 chapter; 
    and
        (2) requests a waiver under subsection (b) of this section.

(b) Request for waiver

                           (1) In general

        A State educational agency, local educational agency, or Indian 
    tribe which desires a waiver shall submit a waiver request to the 
    Secretary that--
            (A) identifies the Federal programs affected by such 
        requested waiver;
            (B) describes which Federal requirements are to be waived 
        and how the waiving of such requirements will--
                (i) increase the quality of instruction for students; or
                (ii) improve the academic performance of students;

            (C) if applicable, describes which similar State and local 
        requirements will be waived and how the waiving of such 
        requirements will assist the local educational agencies, Indian 
        tribes or schools, as appropriate, to achieve the objectives 
        described in clauses (i) and (ii) of subparagraph (B);
            (D) describes specific, measurable educational improvement 
        goals and expected outcomes for all affected students;
            (E) describes the methods to be used to measure progress in 
        meeting such goals and outcomes; and
            (F) 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--
                (i)(I) by local educational agencies (on behalf of such 
            agencies and schools) to State educational agencies; and
                (II) by State educational agencies (on behalf of, and 
            based upon the requests of, local educational agencies) to 
            the Secretary; or
                (ii) by Indian tribes (on behalf of schools operated by 
            such tribes) to the Secretary.

                      (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;
            (ii) submit the comments to the Secretary; and
            (iii) provide notice and information to the public regarding 
        the waiver request in the manner that the applying 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 chapter--
            (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
            (ii) notice and information regarding the waiver 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 
    chapter;
        (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 
    subchapter X of this chapter; or
        (9) the prohibitions regarding--
            (A) State aid in section 8892 of this title; or
            (B) use of funds for religious worship or instruction in 
        section 8897 of this title.

(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--
            (A) describes the uses of such waiver by such agency or by 
        schools;
            (B) describes how schools continued to provide assistance to 
        the same populations served by the programs for which waivers 
        are requested; and
            (C) evaluates the progress of such agency and of schools in 
        improving the quality of instruction or the academic performance 
        of students.

                          (2) State waiver

        A State educational agency that receives reports required under 
    paragraph (1) shall annually submit a report to the Secretary that 
    is based on such reports and contains such information as the 
    Secretary may require.

                       (3) Indian tribe waiver

        An Indian tribe that receives a waiver under this section shall 
    annually submit a report to the Secretary that--
            (A) describes the uses of such waiver by schools operated by 
        such tribe; and
            (B) evaluates the progress of such schools in improving the 
        quality of instruction or the academic performance of students.

                       (4) Report to Congress

        Beginning in fiscal year 1997 and each subsequent year, the 
    Secretary shall submit to the Committee on Education and Labor of 
    the House of Representatives and the Committee on Labor and Human 
    Resources of the Senate a report--
            (A) summarizing the uses of waivers by State educational 
        agencies, local educational agencies, Indian tribes, and 
        schools; and
            (B) describing whether such waivers--
                (i) increased the quality of instruction to students; or
                (ii) improved the academic performance of students.

(f) Termination of waivers

    The Secretary shall terminate a waiver under this section if the 
Secretary determines that the performance of the State or other 
recipient affected by the waiver has been inadequate to justify a 
continuation of the waiver or if the waiver is no longer necessary to 
achieve its original purposes.

(g) Publication

    A notice of the Secretary's decision to grant each waiver under 
subsection (a) of this section shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of such 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

(Pub. L. 89-10, title XIV, Sec. 14401, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3899.)

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.

                  Section Referred to in Other Sections

    This section is referred to in section 8941 of this title.
