20 U.S.C. § 1408 — Paperwork reduction

(a) Pilot program

(1) Purpose. The purpose is to let States identify ways to reduce paperwork and other administrative duties directly tied to this chapter, so more time and resources are available for instruction and other activities that improve educational and functional results for children with disabilities.

(2) Authorization.

(A) In general. To carry out this purpose, the Secretary^* may waive statutory requirements of, or regulatory requirements related to, subchapter II for up to 4 years for no more than 15 States. A State^* must submit a proposal to reduce excessive paperwork and noninstructional time burdens that do not help improve those results.

(B) Exception. The Secretary may not waive any statutory or related regulatory requirement that is an applicable civil-rights requirement.

(C) Rule of construction. This section does not affect a child with a disability’s right to a free appropriate public education^* under subchapter II, or allow a State or local educational agency^* to waive the procedural safeguards in section 1415.

(3) Proposal.

(A) In general. A State that wants to participate must submit a proposal to the Secretary at the time and in the manner the Secretary reasonably requires.

(B) Content. The proposal must list the subchapter II statutory or related regulatory requirements the State wants waived, wholly or partly, and the State requirements the State proposes to waive or change, wholly or partly, to carry out the Secretary’s waiver.

(4) Termination of waiver. The Secretary must end a State’s waiver if the State needs assistance under section 1416(d)(2)(A)(ii) and the waiver contributed to or caused that need; needs intervention under section 1416(d)(2)(A)(iii) or substantial intervention under section 1416(d)(2)(A)(iv); or failed to implement the waiver appropriately.

(b) Report. Beginning 2 years after December 3, 2004, the Secretary must include in the annual report to Congress under section 3486 information about how effective the subsection (a) waivers are, including recommendations for broader use. The information must address whether the waivers reduce paperwork for teachers, principals, administrators, and related service providers; reduce teachers’ noninstructional time spent complying with subchapter II; improve long-term educational planning; improve outcomes for children with disabilities; encourage collaboration among IEP^* Team members; and ensure family-member satisfaction.