2002 US Code
Title 20 - EDUCATION
CHAPTER 69 - SCHOOL-TO-WORK OPPORTUNITIES
SUBCHAPTER V - WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
Sec. 6212 - Waiver authority of Secretary of Education

View Metadata

§6212. Waiver authority of Secretary of Education (a) Waiver authority (1) In general

Except as provided in subsection (c) of this section, the Secretary of Education may waive any requirement under any provision of law referred to in subsection (b) of this section, or of any regulation issued under such provision, for a State that requests such a waiver and has an approved State plan—

(A) if, and only to the extent that, the Secretary of Education determines that such requirement impedes the ability of the State or a local partnership to carry out the purposes of this chapter;

(B) if the State provides the Secretary of Education with documentation of the necessity for the waiver, including information concerning—

(i) the specific requirement that will be waived;

(ii) the specific positive outcomes expected from the waiver and why those outcomes cannot be achieved while complying with the requirement;

(iii) the process that will be used to monitor the progress of the State or local partnership in implementing the waiver; and

(iv) such other information as the Secretary of Education may require;

(C) if the State waives, or agrees to waive, similar requirements of State law; and

(D) if the State—

(i) has provided all local partnerships that carry out programs under this chapter, and local educational agencies participating in such a local partnership, in the State with notice and an opportunity to comment on the proposal of the State to seek a waiver;

(ii) provides, to the extent feasible, to students, parents, advocacy and civil rights groups, and labor and business organizations an opportunity to comment on the proposal of the State to seek a waiver; and

(iii) has submitted the comments of the local partnerships and local educational agencies to the Secretary of Education.

(2) Approval or disapproval

The Secretary of Education shall promptly approve or disapprove any request submitted pursuant to paragraph (1) and shall issue a decision that shall—

(A) include the reasons for approving or disapproving the request, including a response to comments on the proposal; and

(B) in the case of a decision to approve the request, be disseminated by the State seeking the waiver to interested parties, including educators, parents, students, advocacy and civil rights organizations, labor and business organizations, and the public.

(3) Approval criteria

In approving a request under paragraph (2), the Secretary of Education shall consider the amount of State resources that will be used to implement the approved State plan.

(4) Term

Each waiver approved pursuant to this subsection shall be for a period not to exceed 5 years, except that the Secretary of Education may extend such period if the Secretary of Education determines that the waiver has been effective in enabling the State or local partnership to carry out the purposes of this chapter.

(b) Included programs

The provisions subject to the waiver authority of this section are—

(1) title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.];

(2) part A of title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6601 et seq.];

(3) part A of title V of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7201 et seq.];

(4) part B of title IX of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7821 et seq.];

(5) parts K through N of the Educational Research, Development, Dissemination, and Improvement Act of 1994;1 and

(6) the Carl D. Perkins Vocational and Applied Technology Education Act [20 U.S.C. 2301 et seq.].

(c) Waivers not authorized

The Secretary of Education may not waive any requirement of any provision referred to in subsection (b) of this section, or of any regulation issued under such provision, relating to—

(1) the basic purposes or goals of such provision;

(2) maintenance of effort;

(3) comparability of services;

(4) the equitable participation of students attending private schools;

(5) student and parental participation and involvement;

(6) the distribution of funds to State or local educational agencies;

(7) the eligibility of an individual for participation in a program under such provision;

(8) public health or safety, labor standards, civil rights, occupational safety and health, or environmental protection; or

(9) prohibitions or restrictions relating to the construction of buildings or facilities.

(d) Termination of waivers

The Secretary of Education shall periodically review the performance of any State, local partnership, or local educational agency, for which the Secretary of Education has granted a waiver under this section and shall terminate the waiver under this section if the Secretary of Education determines that the performance of the State, local partnership, or local educational agency that is affected by the waiver has been inadequate to justify a continuation of the waiver, or the State fails to waive similar requirements of State law as required or agreed to in accordance with subsection (a)(1)(C) of this section.

(Pub. L. 103–239, title V, §502, May 4, 1994, 108 Stat. 598; Pub. L. 103–382, title III, §394(j)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 107–110, title X, §1076(q), Jan. 8, 2002, 115 Stat. 2092.)

References in Text

This chapter, referred to in subsec. (a)(1)(A), (D)(i), (4), was in the original “this Act”, meaning Pub. L. 103–239, May 4, 1994, 108 Stat. 568, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1) to (4), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of this title. Part A of title II of the Act is classified generally to part A (§6601 et seq.) of subchapter II of chapter 70 of this title. Part A of title V of the Act is classified generally to part A (§7201 et seq.) of subchapter V of chapter 70 of this title. Part B of title IX of the Act is classified generally to part B (§7821 et seq.) of subchapter IX of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Educational Research, Development, Dissemination, and Improvement Act of 1994, referred to in subsec. (b)(5), is title IX of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 212, as amended. Parts K to N of the Act were classified generally to parts G (§6053 et seq.), H (§6054 et seq.), I (§6055 et seq.), and J (§6056 et seq.), respectively, of subchapter IX of chapter 68 of this title, prior to repeal by Pub. L. 107–279, title IV, §403(2), Nov. 5, 2002, 116 stat. 1985. For complete classification of this Act to the Code, see section 6001 of this title and Tables.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (b)(6), was Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended, which was classified generally to chapter 44 (§2301 et seq.) of this title, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3076. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.

Amendments

2002—Subsec. (b)(5). Pub. L. 107–110 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “title XIII of the Elementary and Secondary Education Act of 1965; and”.

1994—Subsec. (b)(1) to (6). Pub. L. 103–382 amended pars. (1) to (6) generally. Prior to amendment, pars. (1) to (6) read as follows:

“(1) chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.), including the Even Start programs carried out under part B of such chapter (20 U.S.C. 2741 et seq.);

“(2) part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2921 et seq.);

“(3) part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2981 et seq.);

“(4) part D of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3121 et seq.);

“(5) title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3171 et seq.); and

“(6) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.).”

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Section Referred to in Other Sections

This section is referred to in sections 6211, 6214, 6215 of this title.

1 See References in Text note below.