20 U.S.C. § 6573

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6573 - State administration

(a) Rulemaking

(1) In general

Each State that receives funds under this subchapter shall-

(A) ensure that any State rules, regulations, and policies relating to this subchapter conform to the purposes of this subchapter and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment;

(B) minimize such rules, regulations, and policies to which the State's local educational agencies and schools are subject;

(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs;

(D) identify any such rule, regulation, or policy as a State-imposed requirement; and

(E)

(i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and

(ii) eliminate the State rules and regulations that are duplicative of Federal requirements.

(2) Support and facilitation

State rules, regulations, and policies under this subchapter shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the challenging State academic standards.

(b) Committee of practitioners

(1) In general

Each State educational agency that receives funds under this subchapter shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this subchapter.

(2) Membership

Each such committee shall include-

(A) as a majority of its members, representatives from local educational agencies;

(B) administrators, including the administrators of programs described in other parts of this subchapter;

(C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators;

(D) principals and other school leaders;

(E) parents;

(F) members of local school boards;

(G) representatives of private school children;

(H) specialized instructional support personnel and paraprofessionals;

(I) representatives of authorized public chartering agencies (if there are charter schools in the State); and

(J) charter school leaders (if there are charter schools in the State).

(3) Duties

The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this subchapter. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this subchapter, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form.

20 U.S.C. § 6573

Pub. L. 89-10, title I, §1603, formerly §1903, as added Pub. L. 107-110, §101, Jan. 8, 2002, 115 Stat. 1618; renumbered §1603 and amended Pub. L. 114-95, §§1501, 1601, 129 Stat. 1906, 1912.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1603 of Pub. L. 89-10 was classified to section 6513 of this title, prior to repeal by Pub. L. 114-95.Another prior section 1603 of Pub. L. 89-10 was classified to section 6513 of this title, prior to the general amendment of this subchapter by Pub. L. 107-110.

AMENDMENTS2015-Subsec. (a)(1)(E). Pub. L. 114-95, §1601(c)(1)(A), added subpar. (E). Subsec. (a)(2). Pub. L. 114-95, §1601(c)(1)(B), substituted "the challenging State academic standards" for "the challenging State student academic achievement standards".Subsec. (b)(2)(C) to (J). Pub. L. 114-95, §1601(c)(2), added subpars. (C) to (J) and struck out former subpars. (C) to (G) which read as follows:"(C) teachers, including vocational educators;"(D) parents; "(E) members of local school boards; "(F) representatives of private school children; and "(G) pupil services personnel."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.

State educational agency: The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
State: The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
specialized instructional support personnel: The term "specialized instructional support personnel" means-(i) school counselors, school social workers, and school psychologists; and(ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 1401 of this title) as part of a comprehensive program to meet student needs.