§1408 Paperwork Reduction

Summary

Lets States ask the Secretary for temporary waivers (up to 4 years) of federal rules under subchapter II to cut down on paperwork and other non-teaching duties. No more than 15 States can have waivers at once. The Secretary cannot waive civil rights rules, a child’s right to a free appropriate public education, or the procedural protections in section 1415. States must send a proposal saying which federal rules they want waived and which state rules they would change. The Secretary must end a waiver if the State needs assistance, intervention, or substantial intervention under section 1416 because of the waiver, or if the State fails to carry out the waiver properly. Beginning 2 years after December 3, 2004, the Secretary must report each year to Congress on how well the waivers work and whether to use them more widely, including effects on paperwork and noninstructional time, long-term planning, student outcomes, IEP Team collaboration, and family satisfaction.