§1408 — Title 20 Education | U.S. Code

Summary

Allows the Secretary to let up to 15 States have short-term waivers (up to 4 years) of certain federal rules under subchapter II. States can ask for waivers to cut paperwork and non-teaching tasks that do not help students with disabilities. States must send a plan naming the federal rules they want waived and any state rules they will change. The Secretary cannot remove civil rights rules, take away a child’s right to a free appropriate public education, or allow a State to drop the procedural protections in section 1415. The Secretary will end a waiver if the State then needs certain kinds of help or intervention under section 1416 or if it failed to carry out the waiver. Starting 2 years after December 3, 2004, the Secretary must report each year to Congress (under section 3486) on how well these waivers worked. The report must cover whether waivers cut paperwork and noninstructional time, improved longer-term planning and child outcomes, helped IEP team collaboration, and kept families satisfied, and it may include recommendations for wider use.

Title 20, §1408

Education — Source: USLM XML via OLRC

(a)(1)The purpose of this section is to provide an opportunity for States to identify ways to reduce paperwork burdens and other administrative 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 improving educational and functional results for children with disabilities.

(2)(A)In order to carry out the purpose of this section, the Secretary is authorized to grant waivers of statutory requirements of, or regulatory 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 noninstructional time burdens that do not assist in improving educational and functional results for children with disabilities.

(B)The Secretary shall not waive under this section any statutory requirements of, or regulatory requirements relating to, applicable civil rights requirements.

(C)Nothing in this section shall be construed to—

(i)affect the right of a child with a disability 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)(A)A State desiring to participate in the program under this section shall submit a proposal to the Secretary at such time and in such manner as the Secretary may reasonably require.

(B)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)The Secretary shall terminate a State’s waiver under this section if the Secretary determines 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 substantial intervention under section 1416(d)(2)(A)(iv) of this title; or

(C)failed to appropriately implement its waiver.

(b)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 effectiveness of waivers granted under subsection (a), including any specific recommendations for broader implementation of such waivers, in—

(1)reducing—

(A)the paperwork burden on teachers, principals, administrators, and related service providers; and

(B)noninstructional time spent by teachers in complying with subchapter II;

(2)enhancing longer-term educational planning;

(3)improving positive outcomes for children with disabilities;

(4)promoting collaboration between IEP Team members; and

(5)ensuring satisfaction of family members.

Notes & Related Subsidiaries

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.

§1408 Paperwork reduction

Summary

Title 20, §1408

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata