(a)

1. (1) A school district may petition the State Board of Education for all or some of the waivers granted to an open-enrollment public charter school.
2. (2) Prior to requesting a waiver, the school district board of directors must adopt a resolution authorizing the request for the waiver.

(b)

1. (1) Districts may only request waivers that:

   1. (A) Enhance student learning opportunities;
   2. (B) Promote innovation; or
   3. (C) Increase equitable access to effective teachers.
2. (2) Waivers requested for the sole purpose to avoid violations of the Standards for Accreditation of Arkansas Public Schools and School Districts, 6 CAR pt. 61 shall not be granted.

(c) The petition shall include without limitation:

1. (1) The name of the open-enrollment public charter school that holds the waiver or waivers;

2. (2) A list of the waiver or waivers that the district seeks to have granted, including:

   1. (A) The proposed standards for accreditation;
   2. (B) The proposed Division of Elementary and Secondary Education rules; and
   3. (C) The proposed statutes of the Arkansas Code;
3. (3) The proposed duration of the requested waiver or waivers;
4. (4) A signed copy of the resolution adopted by the school district's board of directors authorizing the district to request the waiver;
5. (5) Evidence of stakeholder involvement, including teachers and student families;
6. (6) The grades, schools, and classes to which the proposed waiver or waivers apply; and

7. (7) A detailed rationale for the request, including but not limited to:

   1. (A) How the waiver or waivers:

(i) Enhance student learning opportunities;

1. (ii) Promote innovation; or

   1. (iii) Increase equitable access to effective teachers;
   2. (B) How students will be served; and

   3. (C) How the district will monitor and evaluate the effectiveness of the waiver.

      1. (d) The petition must be submitted to the Office of Legal Services on the approved request form which shall be available on the division’s website.

(e) A district may not request and the state board may not grant waivers of any of the following:

1. (1) Monitoring compliance with Title 6 of the Arkansas Code, as determined by the Commissioner of Elementary and Secondary Education;
2. (2) Public school accountability under Title 6 of the Arkansas Code;
3. (3) High school graduation requirements as established by the state board;
4. (4) Special education programs as provided by Title 6 of the Arkansas Code;
5. (5) Conducting criminal background checks for employees as provided by Title 6 of the Arkansas Code;
6. (6) Health and safety codes as established by the state board and local governmental entities;
7. (7) Arkansas qualified teacher requirements;

8. (8) Ethical guidelines and prohibitions as established by:

   1. (A) Arkansas Code § 6-24-101 et seq.; and
   2. (B) Any other controlling state or federal law regarding ethics or conflicts of interest;
9. (9) Reporting through the Arkansas Public School Computer Network applications as provided under Title 6 of the Arkansas Code; and
10. (10) The school start date set forth in Arkansas Code § 6-10-106.

(f) A district may request a waiver of the requirements of Arkansas Code § 6-16-102(a)(5) concerning recess only if the district submits to the division for approval of an alternative plan for recess that:

1. (1) Exceeds the required minimum amount of minutes combined for:

   1. (A) Physical activity under Arkansas Code § 6-16-132; and
   2. (B) Recess under Arkansas Code § 6-16-102(a); and
2. (2) Provides for both structured and unstructured social time.

(g)

1. (1) Districts shall have the opportunity to amend their request until fifteen (15) days prior to the state board’s consideration of the waiver request.
2. (2) If a district wishes to amend its request after the timeline in subdivision (g)(1) of this section, it may only do so at the waiver hearing.