§1408 Paperwork Reduction

Summary

Lets up to 15 States try a short program to cut paperwork and other non-teaching tasks tied to the rules under subchapter II. The U.S. Education Secretary can give a State a waiver for up to 4 years if the State sends a proposal showing how the change will reduce busywork that does not help children with disabilities. The Secretary cannot waive civil rights rules. Waivers also cannot take away a child’s right to a free, suitable public education or remove the legal protections in section 1415. A State’s proposal must list the federal rules it wants waived and any State rules it will change. The Secretary will end a waiver if the State needs help or intervention under section 1416(d)(2)(A)(ii)–(iv) or if the State did not carry out the waiver properly. Starting 2 years after December 3, 2004, the Secretary must report to Congress each year on how well these waivers work and if they should be used more widely. The report must cover cuts in paperwork and noninstructional time, better long-term educational planning, improved outcomes for children with disabilities, stronger teamwork among IEP members, and family satisfaction.