§6573 — Title 20 Education | U.S. Code

Summary

States that get these funds must make their rules match the program’s goals. They must keep state rules few and simple, help schools combine funds under schoolwide programs, label any State-imposed requirements, point out when State and Federal rules conflict or repeat each other, and get rid of State rules that just duplicate Federal ones. State rules must also help districts and schools change so all students can meet the State’s academic standards. States must give proposed rules to a committee of practitioners for review and comment. The State education agency must create that committee. Most members must be people from local school districts. The committee must also include administrators, teachers (including charters if they exist), career and technical educators, principals and other school leaders, parents, school board members, private school representatives, support staff and paraprofessionals, and charter authorizers and leaders when applicable. The committee must review proposed or final State rules before they are published. In a true emergency, the agency may issue a rule first but must immediately call the committee to review it before making it final.

Title 20, §6573

Education — Source: USLM XML via OLRC

(a)(1)Each State that receives funds under this subchapter shall—

(A)ensure that any State rules, regulations, and policies relating to this subchapter conform to the purposes of this subchapter and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment;

(B)minimize such rules, regulations, and policies to which the State’s local educational agencies and schools are subject;

(C)eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs;

(D)identify any such rule, regulation, or policy as a State-imposed requirement; and

(E)(i)identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and

(ii)eliminate the State rules and regulations that are duplicative of Federal requirements.

(2)State rules, regulations, and policies under this subchapter shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the challenging State academic standards.

(b)(1)Each State educational agency that receives funds under this subchapter shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this subchapter.

(2)Each such committee shall include—

(A)as a majority of its members, representatives from local educational agencies;

(B)administrators, including the administrators of programs described in other parts of this subchapter;

(C)teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators;

(D)principals and other school leaders;

(E)parents;

(F)members of local school boards;

(G)representatives of private school children;

(H)specialized instructional support personnel and paraprofessionals;

(I)representatives of authorized public chartering agencies (if there are charter schools in the State); and

(J)charter school leaders (if there are charter schools in the State).

(3)The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this subchapter. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this subchapter, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to repeal by Pub. L. 114–95. Another prior section 1603 of Pub. L. 89–10 was classified to section 6513 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1)(E). Pub. L. 114–95, § 1601(c)(1)(A), added subpar. (E). Subsec. (a)(2). Pub. L. 114–95, § 1601(c)(1)(B), substituted “the challenging State academic standards” for “the challenging State student academic achievement standards”. Subsec. (b)(2)(C) to (J). Pub. L. 114–95, § 1601(c)(2), added subpars. (C) to (J) and struck out former subpars. (C) to (G) which read as follows: “(C) teachers, including vocational educators; “(D) parents; “(E) members of local school boards; “(F) representatives of private school children; and “(G) pupil services personnel.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§6573 State administration