Sentences with phrase «waiver provisions»

It enjoys broad waiver authority under the law, and waiver provisions in federal law have repeatedly been upheld in court.

In addition, schools labeled «priority» under waiver provisions do have to meet the 95 percent test participation requirement to escape that category.

Perhaps to its credit, Congress recognizes with waiver provisions the limitations of its own ability to tailor national laws to the needs of a huge, diverse, and constantly changing society.

The Elementary and Secondary Education Act of 1965 (ESEA) flexibility waiver provisions specify the identification and exit criteria for identification of schools as priority schools:

The CRS memo cites court cases involving waiver provisions in the Real ID Act of 2005 and the Age Discrimination in Employment Act.

BlackRock added the problematic waiver provision in October 2011 after the SEC adopted its whistleblower program rules as part of the Dodd - Frank market reforms which were enacted in 2010.

This agreement contains a mandatory individual arbitration and class action / jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

The article discusses the U.S. Supreme Court's consideration of whether implementation of class action waiver provisions in an arbitration clause in an employment contract, under the FAA, is barred under the National Labor Relations Act.

Planned Parenthood also disagrees with adding the one year waiver provision to the final rule.

Per the Elementary and Secondary Education Act of 1965 (ESEA) flexibility waiver provisions, ten percent of Virginia's Title I schools (72) are identified as focus schools based on reading and mathematics achievement of students in the three proficiency gap groups.

The no - waiver provision in section 11 of the Act did not apply because the agreement that the settlement agreement was not a mere «release», but rather a «settlement» with consideration.

This waiver provision is important because if SNA has its way in Congress this year, that weaker whole grain standard will soon be in place nationwide, even for the 90 % of schools already meeting the higher standard.

I was very much offended by the personalized e-blast I received this week from the School Nutrition Association asking me to lobby my congressional delegation to vote for a waiver provision of the new nutritional standards for the school meals programs...

«Without a waiver provision, this legislation is not consistent with the best interests of the city and particularly of its lowest - income communities,» said Kathryn Wylde, the group's president.

While recognizing that waiver provisions in federal law have repeatedly been upheld in court, Derthick cautions, «waivers threaten to get out of hand, and to undermine the rule of law.»

Waiver provisions could stretch into the

After struggling for months to find a way for California schools to take advantage of the Obama No Child Left Behind waiver, state officials said Thursday they may have found a solution - petition relief under a separate, general federal waiver provision.

In an email to Ward's, attorney Richard Sox says the argument will be that «any provision contrary to state franchise law is void and that the waiver provision in the Participation Agreement, which waives all rights under state law, is of no effect because the agreement was not entered into «voluntarily» and with no consideration.»

But even the waiver provision is limited: Owners of any of the breeds named in the policy who do not live on base now can not move onto any Marine Corps base with their dogs.

The waiver provision is unique to California.

How lawyers and courts interpret complex issues of whether a particular release is part of a valid settlement or invalid under the no - waiver provision in section 11 of the Act.

If you or your child was injured after taking part in a recreation activity and the activity host required you to sign a waiver provision, you may still be able to bring an injury claim.

The Association also argued that the waiver provision in the Code of Ethics barred the Member from challenging the Association's disciplinary process.

The court determined that the waiver provision barred the Member's lawsuit.

The waiver provision, in relevant part, states that «[e] very member, for and in consideration of his right to invoke arbitration proceedings and to initiate complaints under the Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS ®, hereby waives any right of action against the Board... arising out of any decisions, determinations, or other action taken or rendered under these procedures in the absence of willful and wanton misconduct.»