Page:United States Statutes at Large Volume 108 Part 5.djvu/411

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3901 "(A) describes the uses of such waiver by such agency or by schools; "(B) describes how schools continued to provide assistance to the same populations served by the programs for which waivers are requested; and "(C) evaluates the progress of such agency and of schools in improving the quality of instruction or the academic performance of students. "(2) STATE WAIVER.— A State educational agency that receives reports required under paragraph (1) shall annually submit a report to the Secretary that is based on such reports and contains such information as the Secretary may require. "(3) INDIAN TRIBE WAIVER. —An Indian tribe that receives a waiver under this section shall annually submit a report to the Secretary that— "(A) describes the uses of such waiver by schools operated by such tribe; and "(B) evaluates the progress of such schools in improving the quality of instruction or the academic performance of students. "(4) REPORT TO CONGRESS.—Beginning in fiscal year 1997 and each subsequent year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report— "(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes, and schools; and "(B) describing whether such waivers— "(i) increased the quality of instruction to students; or "(ii) improved the academic performance of students. "(0 TERMINATION OF WAIVERS. —The Secretary shall terminate a waiver under this section if the Secretary determines that the performance of the State or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver or if the waiver is no longer necessary to achieve its original purposes. "(g) PUBLICATION.—A notice of the Secretary decision to grant Federal each waiver under subsection (a) shall be published in the Federal Register, Register and the Secretary shall provide for the dissemination P""'=a<^*on. of such notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public. "PART E—UNIFORM PROVISIONS "SEC. 14501. MAINTENANCE OF EFFORT. 20 USC 8891. "(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 such agency and the State with respect to the provision of free public education by such agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. " (b) REDUCTION IN CASE OF FAILURE To MEET.—