Page:United States Statutes at Large Volume 108 Part 5.djvu/409

This page needs to be proofread.

PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3899 the Goals 2000: Educate America Act, the local plan referred to in paragraph (1) need not separately address that requirement. "(4) SUBMISSION.— Any local plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the local educational agenc/s improvement plan under title III of the Goals 2000: Educate America Act. "PART D—WAIVERS "SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY 20 USC 8881. REQUIREMENTS. "(a) IN GENERAL.—Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement of this Act 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 Act; and "(2) requests a waiver under subsection (b). "(b) REQUEST FOR WAIVER.— "(1) IN GENERAL.—^A State educational agency, local educational agency, or Indian tribe which desires a waiver shall submit a WEUver 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 outeomes; and "(F) describes how schools will continue to provide assistance to the same populations served by programs for which waivers are requested. "(2) ADDITIONAI:. 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.