Title III, SEC. 3612. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. (a) In General. (1) Waivers. Except as provided in subsection (c), upon the request of an entity receiving funds under part 3 or part 4 and under a program specified in paragraph (2), the Secretary of Health and Human Services or the Secretary of Education (as the case may be, according to which Secretary administers the program so specified) may grant to the entity a waiver of any requirement of such program regarding the use of funds, or of the regulations issued for the program by the Secretary involved, if the following conditions are met with respect to such program: (A) The Secretary involved determines that the requirement of such program impedes the ability of the State educational agency or other recipient to achieve more effectively the purposes of part 3 or 4. (B) The Secretary involved determines that, with respect to the use of funds under such program, the requested use of the funds by the entity would be consistent with the purposes of part 3 or 4. (C) In the case of a request for a waiver submitted by a State educational agency, the State educational agency (i) provides all interested local educational agencies in the State with notice and an opportunity to comment on the proposal; and (ii) submits the comments to the Secretary involved. (D) In the case of a request for a waiver submitted by a local educational agency or other agency, institution, or organization that receives funds under part 3 from the State educational agency, such request has been reviewed by the State educational agency and is accompanied by the comments, if any, of such agency. (2) Relevant programs. For purposes of paragraph (1), the programs specified in this paragraph are as follows: (A) In the case of programs administered by the Secretary of Health and Human Services, the following: (i) The program known as the Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youth, carried out under section 517 of the Public Health Service Act. (ii) The program known as the State and Local Comprehensive School Health Programs to Prevent Important Health Problems and Improve Educational Outcomes, carried out under such Act. (B) In the case of programs administered by the Secretary of Education, any program carried out under part B of the Drug-Free Schools and Communities Act of 1986. (b) Waiver Period. (1) In general. A waiver under this section shall be for a period not to exceed three years. (2) Extensions. The Secretary involved under subsection (a) may extend such period if the Secretary determines that (A) the waiver has been effective in enabling the State or affected recipients to carry out the activities for which it was requested and has contributed to improved performance; and (B) such extension is in the public interest. (c) Waivers Not Authorized. The Secretary involved under subsection (a) may not waive, under this section, any statutory or regulatory requirement relating to (1) comparability of services; (2) maintenance of effort; (3) the equitable participation of students attending private schools; (4) parental participation and involvement; (5) the distribution of funds to States or to local educational agencies or other recipients of funds under the programs specified in subsection (a)(2); (6) maintenance of records; (7) applicable civil rights requirements; or (8) the requirements of sections 438 and 439 of the General Education Provisions Act. (d) Termination of Waiver. The Secretary involved under subsection (a) shall terminate a waiver under this section if the Secretary determines that the performance of the State or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver or if it is no longer necessary to achieve its original purposes.