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 IX, § 901(b)(24), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to regulation requirements, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1408. Paperwork reduction (a) Pilot program (1) Purpose The purpose of this section is to provide an opportunity for States to identify ways to re- duce paperwork burdens and other administra- tive 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 im- proving 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 reg- ulatory 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 noninstruc- tional time burdens that do not assist in im- proving 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, appli- cable civil rights requirements. (C) Rule of construction Nothing in this section shall be construed to— (i) affect the right of a child with a dis- ability 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. (3) Proposal (A) In general A State desiring to participate in the pro- gram under this section shall submit a pro- posal to the Secretary at such time and in such manner as the Secretary may reason- ably 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 de- termines that the State— (A) needs assistance under section 1416(d)(2)(A)(ii) of this title 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 or needs sub- stantial intervention under section 1416(d)(2)(A)(iv) of this title; 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 information related to the effective- ness of waivers granted under subsection (a), in- cluding any specific recommendations for broad- er implementation of such waivers, in— (1) reducing— (A) the paperwork burden on teachers, principals, administrators, and related serv- ice providers; and (B) noninstructional time spent by teach- ers in complying with subchapter II; (2) enhancing longer-term educational plan- ning; Page 938 TITLE 20—EDUCATION § 1409 (3) improving positive outcomes for children with disabilities; (4) promoting collaboration between IEP Team members; and (5) ensuring satisfaction of family members. (Pub. L. 91–230, title VI, § 609, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.) Editorial Notes PRIOR PROVISIONS A prior section 1408, Pub. L. 91–230, title VI, § 609, as added Pub. L. 99–457, title II, § 202, Oct. 8, 1986, 100 Stat. 1158, related to eligibility for financial assistance, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1409. Freely associated States The Republic of the Marshall Islands, the Fed- erated States of Micronesia, and the Republic of Palau shall continue to be eligible for competi- tive grants administered by the Secretary under this chapter to the extent that such grants con- tinue to be available to States and local edu- cational agencies under this chapter. (Pub. L. 91–230, title VI, § 610, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662.) Editorial Notes PRIOR PROVISIONS A prior section 1409, Pub. L. 91–230, title VI, § 610, as added Pub. L. 101–476, title I, § 104, Oct. 30, 1990, 104 Stat. 1106, provided administrative provisions applicable to former subchapters III to VII of this chapter and former section 1418 of this title, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. SUBCHAPTER II—ASSISTANCE FOR EDU- CATION OF ALL CHILDREN WITH DIS- ABILITIES § 1411. Authorization; allotment; use of funds; au- thorization of appropriations (a) Grants to States (1) Purpose of grants The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Inte- rior, to assist them to provide special edu- cation and related services to children with disabilities in accordance with this sub- chapter. (2) Maximum amount The maximum amount of the grant a State may receive under this section— (A) for fiscal years 2005 and 2006 is— (i) the number of children with disabil- ities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and (B) for fiscal year 2007 and subsequent fis- cal years is— (i) the number of children with disabil- ities in the 2004–2005 school year in the State who received special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by (iii) the rate of annual change in the sum of— (I) 85 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(III). (b) Outlying areas and freely associated States; Secretary of the Interior (1) Outlying areas and freely associated States (A) Funds reserved From the amount appropriated for any fis- cal year under subsection (i), the Secretary shall reserve not more than 1 percent, which shall be used as follows: (i) To provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21. (ii)(I) To provide each freely associated State a grant so that no freely associated State receives a lesser share of the total funds reserved for the freely associated State than the freely associated State re- ceived of those funds for fiscal year 2023. (II) Each freely associated State shall es- tablish its eligibility under this subpara- graph consistent with the requirements for a State under section 1412 of this title. (III) The funds provided to each freely associated State under this subchapter may be used to provide, to each infant or toddler with a disability (as defined in sec- tion 1432 of this title), either a free appro- priate public education, consistent with section 1412 of this title, or early interven- tion services consistent with subchapter III, notwithstanding the application and eligibility requirements of sections 1431(2), 1435, and 1437 of this title. (B) Special rule The provisions of Public Law 95–134, per- mitting the consolidation of grants by the outlying areas, shall not apply to funds pro- vided to the outlying areas or the freely as- sociated States under this section. (C) Definition In this paragraph, the term ‘‘freely associ- ated States’’ means the Republic of the Mar- shall Islands, the Federated States of Micro- nesia, and the Republic of Palau. (2) Secretary of the Interior From the amount appropriated for any fiscal year under subsection (i), the Secretary shall