511 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency or in 
an eligible private agency, institution, organization, 
or Indian tribe, if the law authorizing the program 
provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister the funds and property to the extent re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, in-
cluding— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for 
carrying out each program; and 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the State educational agency, the Secretary, 
or other Federal officials; 
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‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal 
funds paid to the applicant under each such pro-
gram; 
‘‘(6) the applicant will— 
‘‘(A) submit such reports to the State edu-
cational agency (which shall make the reports 
available to the Governor) and the Secretary as 
the State educational agency and Secretary may 
require to enable the State educational agency 
and the Secretary to perform their duties under 
each such program; and 
‘‘(B) maintain such records, provide such 
information, and afford such access to the 
records as the State educational agency (after 
consultation with the Governor) or the Sec-
retary may reasonably require to carry out the 
State educational agency’s or the Secretary’s 
duties; and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
lic comment on the application and considered such 
comment. 
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‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘PART D—WAIVERS 
‘‘SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUEST
FOR
WAIVER.—A State edu-
cational agency, local educational agency, or Indian 
tribe that receives funds under a program authorized 
under this Act may submit a request to the Sec-
retary to waive any statutory or regulatory require-
ment of this Act. 
‘‘(2) RECEIPT OF WAIVER.—Except as provided 
in subsection (c) and subject to the limits in sub-
section (b)(5)(A), the Secretary shall waive any stat-
utory or regulatory requirement of this Act for a 
State educational agency, local educational agency, 
Indian tribe, or school (through a local educational 
agency), that submits a waiver request pursuant to 
this subsection. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver under this section shall submit a waiv-
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er request to the Secretary, which shall include a 
plan that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the 
waiver will improve instruction for students and 
advance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
dian tribe will use to monitor the effectiveness 
of the implementation of the plan; and 
‘‘(E) describes how schools will continue to 
provide assistance to the same populations 
served by programs for which the waiver is re-
quested. 
‘‘(2) ADDITIONAL INFORMATION.—A waiver re-
quest under this section— 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted— 
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‘‘(i)(I) by local educational agencies 
(on behalf of those agencies and schools) 
to State educational agencies; and 
‘‘(II) by State educational agencies 
(on their own behalf, or on behalf of, and 
based on the requests of, local educational 
agencies in the State) to the Secretary; or 
‘‘(ii) by Indian tribes (on behalf of 
schools operated by the tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) STATE EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
State educational agency acting on its own be-
half, or on behalf of local educational agencies 
in the State, the State educational agency 
shall— 
‘‘(i) provide the public and local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
and provide input on the request; 
‘‘(ii) submit the comments and input 
to the Secretary, with a description of how 
the State addressed the comments and 
input; and 
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‘‘(iii) provide notice and a reasonable 
time to comment to the public and local 
educational agencies in the manner in 
which the applying agency customarily pro-
vides similar notice and opportunity to 
comment to the public. 
‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
local educational agency that receives funds 
under this Act— 
‘‘(i) the request shall be reviewed by 
the State educational agency and be ac-
companied by the comments, if any, of the 
State educational agency and the public; 
and 
‘‘(ii) notice and a reasonable oppor-
tunity to comment regarding the waiver re-
quest shall be provided to the State edu-
cational agency and the public by the agen-
cy requesting the waiver in the manner in 
which that agency customarily provides 
similar notice and opportunity to comment 
to the public. 
‘‘(4) PEER REVIEW.— 
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