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20 U.S.C. § 7861 — Waivers of statutory and regulatory requirements

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20 U.S.C. § 7861 — Waivers of statutory and regulatory requirements

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Source location: Title 20, Chapter 70, § 7861; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) In general** (1) **Request for waiver by State or Indian tribe** — A State educational agency or Indian tribe that receives funds under a program authorized under this chapter may submit a request to the Secretary to waive any statutory or regulatory requirement of this chapter. (2) **Local educational agency and school requests submitted through the State** (A) *Request for waiver by local educational agency* — A local educational agency that receives funds under a program authorized under this chapter and desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. (B) *Request for waiver by school* — An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate. (3) **Receipt of waiver** — Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this chapter for which a waiver request is submitted to the Secretary pursuant to this subsection. **(b) Request for waiver** (1) **In general** — A State educational agency, acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), or Indian tribe that desires a waiver shall submit a waiver request to the Secretary, which shall include a plan that— (A) identifies the Federal programs affected by the requested waiver; (B) describes which Federal statutory or regulatory requirements are to be waived; (C) describes how the waiving of such requirements will advance student academic achievement; (D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; (E) includes only information directly related to the waiver request; and (F) describes how schools will continue to provide assistance to the same populations served by programs for which waivers are requested and, if the waiver relates to provisions of subsections (b) or (h) of [section 6311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311&num=0&edition=prelim), describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in [section 6311(b)(2)(B)(xi) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/b/2/B/xi&num=0&edition=prelim). (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 those agencies and schools) to State educational agencies; and (II) by State educational agencies (on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State) 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, or on behalf of local educational agencies in the State under subsection (a)(2), the State educational agency shall— (i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency; (ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and (iii) provide notice and a reasonable time to comment to the public and local educational agencies in the manner in which the applying agency customarily provides similar notice and opportunity to comment 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 chapter— (i) the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and (ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public. (4) **Waiver determination, demonstration, and revision** (A) *In general* — The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— (i) the waiver request does not meet the requirements of this section; (ii) the waiver is not permitted under subsection (c); (iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this chapter; or (iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. (B) *Waiver determination and revision* — Upon the initial determination of disapproval under subparagraph (A), the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and (II) provide detailed reasons for such determination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Department’s website; (ii) offer the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission. (C) *Waiver disapproval* — The Secretary may ultimately disapprove a waiver request if— (i) the State educational agency, local educational agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe— (I) does not revise and resubmit the waiver request; or (II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested. (D) *External conditions* — The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. **(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, Indian tribes, 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 IV; (9) the prohibitions— (A) in subpart 2 of part F; (B) regarding use of funds for religious worship or instruction in [section 7885 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7885&num=0&edition=prelim); and (C) regarding activities in [section 7906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7906&num=0&edition=prelim); or (10) the selection of a school attendance area or school under subsections (a) and (b) of [section 6313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6313&num=0&edition=prelim), except that the Secretary may grant a waiver to allow a school attendance area or school to participate in activities under part A of subchapter I if the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections (a) and (b) of [section 6313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6313&num=0&edition=prelim). **(d) Duration and extension of waiver; limitations** (1) **In general** — Except as provided in paragraph (2), a waiver approved by the Secretary under this section may be for a period not to exceed 4 years. (2) **Extension** — The Secretary may extend the period described in paragraph (1) if the State demonstrates that— (A) the waiver has been effective in enabling the State or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved student achievement; and (B) the extension is in the public interest. (3) **Specific limitations** — The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to— (A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; (B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or (C) include in, or delete from, such waiver request any specific elements of— (i) State academic standards; (ii) academic assessments; (iii) State accountability systems; or (iv) teacher and school leader evaluation systems. **(e) Reports** A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under [section 6311(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/h&num=0&edition=prelim)— (1) the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and (2) how the use of the waiver has contributed to such progress. **(f) Termination of waivers** The Secretary shall terminate a waiver under this section if, after notice and an opportunity for a hearing, the Secretary— (A) presents a rationale and supporting information that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or (B) determines that 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) shall be published in the Federal Register and the Secretary shall provide for the dissemination of the notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public.

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

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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20 U.S.C. § 6311 — Statement of purpose

The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

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

20 U.S.C. § 7885 — Prohibition against funds for religious worship or instruction

Nothing contained in this chapter shall be construed to authorize the making of any payment under this chapter for religious worship or instruction.

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20 U.S.C. § 7901 — Maintenance of effort

**(a) In general** A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b). **(b) Reduction in case of failure to meet** (1) **In general** — The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years. (2) **Special rule** — No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years. **(c) Waiver** The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or (2) a precipitous decline in the financial resources of the local educational agency.

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

20 U.S.C. § 6339 — Basic grants to local educational agencies

**(a) Amount of grants** (1) **Grants for local educational agencies and Puerto Rico** — Except as provided in paragraph (4) and in [section 6338 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6338&num=0&edition=prelim), the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying— (A) the number of children counted under subsection (c); and (B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. (2) **Calculation of grants** (A) *Allocations to local educational agencies* — The Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise inappropriate, in which case— (i) the two Secretaries shall publicly disclose the reasons for their determination in detail; and (ii) paragraph (3) shall apply. (B) *Allocations to large and small local educational agencies* (i) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section for each local educational agency. (ii) The amount of a grant under this section for each large local educational agency shall be the amount determined under clause (i). (iii) For small local educational agencies, the State educational agency may either— (I) distribute grants under this section in amounts determined by the

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20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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20 U.S.C. § 6313 — School improvement

**(a) State reservations** To carry out subsection (b) and the State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of— (1) 7 percent of the amount the State receives under subpart 2 of part A; or (2) the sum of the amount the State— (A) reserved for fiscal year 2016 under this subsection, as in effect on the day before December 10, 2015; and (B) received for fiscal year 2016 under subsection (g), as in effect on the day before December 10, 2015. **(b) Uses** Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— (1) (A) shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under [section 6311(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/d&num=0&edition=prelim); or (B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and (2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include— (A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring— (i) the local educational

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20 U.S.C. § 1401 — Definitions

Except as otherwise provided, in this chapter: (1) **Assistive technology device** (A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) **Child with a disability** (A) *In general* — The term “child with a disabil

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