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20 U.S.C. § 1408 — Paperwork reduction

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1408 — Paperwork reduction

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Source file: Laws/federal/codes/united-states-code/title-20/section-1408-paperwork-reduction--5c05da6bea.md
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Source location: Title 20, Chapter 33, § 1408; chapter-033-education-of-individuals-with-disabilities.md

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**(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 associated with the requirements of this chapter, 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, subchapter II 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 paperwork 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 requirements. (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 subchapter II; and (ii) permit a State or local educational agency to waive procedural safeguards under [section 1415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415&num=0&edition=prelim). (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 regulatory requirements relating to, subchapter II that the State desires the Secretary to waive, in whole or in part; and (ii) a list of any State requirements that the State proposes to waive or change, in whole or in part, to carry out a waiver granted to the State by the Secretary. (4) **Termination of waiver** — The Secretary shall terminate a State’s waiver under this section if the Secretary determines that the State— (A) needs assistance under [section 1416(d)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1416/d/2/A/ii&num=0&edition=prelim) and that the waiver has contributed to or caused such need for assistance; (B) needs intervention under [section 1416(d)(2)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1416/d/2/A/iii&num=0&edition=prelim) or needs substantial intervention under [section 1416(d)(2)(A)(iv) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1416/d/2/A/iv&num=0&edition=prelim); or (C) failed to appropriately implement its waiver. **(b) Report** Beginning 2 years after December 3, 2004, the Secretary shall include in the annual report to Congress submitted pursuant to [section 3486 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3486&num=0&edition=prelim) information related to the effectiveness of waivers granted under subsection (a), including any specific recommendations for broader implementation of such waivers, in— (1) reducing— (A) the paperwork burden on teachers, principals, administrators, and related service providers; and (B) noninstructional time spent by teachers in complying with subchapter II; (2) enhancing longer-term educational planning; (3) improving positive outcomes for children with disabilities; (4) promoting collaboration between IEP Team members; and (5) ensuring satisfaction of family members.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1415 — Procedural safeguards

**(a) Establishment of procedures** Any State educational agency, State agency, or local educational agency that receives assistance under this subchapter shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education by such agencies. **(b) Types of procedures** The procedures required by this section shall include the following: (1) An opportunity for the parents of a child with a disability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child. (2) (A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child. In the case of— (i) a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of this paragraph; and (ii) an unaccompanied homeless youth as defined in [section 11434a(6) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11434a/6&num=0&edition=prelim), the local educational agency shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1415

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3486 — Annual report

**(a) Contents** The Secretary shall, as soon as practicable after the close of each fiscal year, make a single, comprehensive report to the President for transmission to the Congress on the activities of the Department during such fiscal year. The report shall include a statement of goals, priorities, and plans for the Department together with an assessment of the progress made toward— (1) the attainment of such goals, priorities, and plans; (2) the more effective and efficient management of the Department and the coordination of its functions; and (3) the reduction of excessive or burdensome regulation and of unnecessary duplication and fragmentation in Federal education programs, accompanied where necessary by recommendations for proposed legislation for the achievement of such objectives. **(b) Estimate on non-Federal personnel employed** The report required by subsection (a) shall also include an estimate of the extent of the non-Federal personnel employed pursuant to contracts entered into by the Department under [section 3475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3475&num=0&edition=prelim) or under any other authority (including any subcontract thereunder), the number of such contracts and subcontracts pursuant to which non-Federal personnel are employed, and the total cost of those contracts and subcontracts.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3486

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1408 — Paperwork reduction

Page 937 TITLE 20—EDUCATION § 1408 Another section 1406, Pub. L. 91–230, title VI, § 607, as added Pub. L. 94–142, § 6(a), Nov. 29, 1975, 89 Stat. 795; amended Pub. L. 98–199, §§ 3(b), 5, Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99–457, title IV, § 401, Oct. 8, 1986, 100 Stat. 1172; Pub. L. 100–630, title I, § 101(c), Nov. 7, 1988, 102 Stat. 3290, related to grants for removal of architec- tural barriers, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 105–17. § 1407. State administration (a) Rulemaking Each State that receives funds under this chapter shall— (1) ensure that any State rules, regulations, and policies relating to this chapter conform to the purposes of this chapter; (2) identify in writing to local educational agencies located in the State and the Sec- retary any such rule, regulation, or policy as a State-imposed requirement that is not re- quired by this chapter and Federal regula- tions; and (3) minimize the number of rules, regula- tions, and policies to which the local edu- cational agencies and schools located in the State are subject under this chapter. (b) Support and facilitation State rules, regulations, and policies under this chapter shall support and facilitate local educational agency and school-level system im- provement designed to enable children with dis- abilities to meet the challenging State student academic achievement standards. (Pub. L. 91–230, title VI, § 608, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.) Editorial Notes PRIOR PROVISIONS A prior section 1407, Pub. L. 91–230, title VI, § 608, as added Pub. L. 98–199, § 6, Dec. 2, 1983, 97 Stat. 1359; amended Pub. L. 100–630, title I, § 101(d), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 101–476, title

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1408

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