20 USC 1408 - Paperwork reduction

U.S Code last checked for updates: Nov 22, 2024

§ 1408.

Paperwork reduction

(a)

Pilot program

(1)

Purpose

(2)

Authorization

(A)

In general

(B)

Exception

(C)

Rule of construction

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)

Proposal

(A)

In general

(B)

Content

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)

Termination of waiver

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)

Report

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.

(Pub. L. 91–230, title VI, § 609, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.)

cite as: 20 USC 1408