115 STAT. 1974 PUBLIC LAW 107-110—JAN. 8, 2002 the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections (a) and (b) of section 1113. "(d) DURATION AND EXTENSION OF WAIVER.— "(1) IN GENERAL. —Except as provided in paragraph (2), a waiver approved by the Secretary under this section may be for a period not to exceed 4 years. "(2) EXTENSION.— The Secretary may extend the period described in paragraph (1) if the Secretary determines that— "(A) the waiver has been effective in enabling the State or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved student achievement; and XB) the extension is in the public interest. "(e) REPORTS. — "(1) LOCAL WAIVER. — ^A local educational agency that receives a waiver under this section shall, at the end of the second year for which a waiver is received under this section and each subsequent year, submit a report to the State educational agency that— "(A) describes the uses of the waiver by the agency or by schools; "(B) describes how schools continued to provide assistance to the same populations served by the programs for which waivers were granted; and "(C) evaluates the progress of the agency and of schools in improving the quality of instruction or the academic achievement of students. "(2) STATE WAIVER. — ^A State educational agency that receives reports required under paragraph (1) shall annually submit a report to the Secretary that is based on those reports and contains such information as the Secretary may require. "(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives a waiver under this section shall annually submit a report to the Secretary that— "(A) describes the uses of the waiver by schools operated by the tribe; and "(B) evaluates the progress of those schools in improving the quality of instruction or the academic achievement of students. "(4) REPORT TO CONGRESS. —Beginning in fiscal year 2002 and for each subsequent year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— "(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes, and schools; and "(B) describing whether the waivers— "(i) increased the quality of instruction to students; or "(ii) improved the academic achievement of students. "(f) TERMINATION OF WAIVERS. —The Secretary shall terminate a waiver under this section if the Secretary determines, after notice
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