1 CCR 301-35
2217-R-1.00 School districts and charter schools shall have the opportunity to request a waiver of any requirements imposed by Title 22, C.R.S. and/or any rule and regulation that has been adopted by the State Board of Education pursuant to Title 22, except as prohibited by law, described for school districts in section 2217-R-2.06 of these rules and in section 2217-R-3-.05 for charter schools. Such waivers may involve individual schools, including charter schools, or entire school districts.
This process does not apply to waiver requests made pursuant to section 22-60.5-114, C.R.S. and 1 CCR 301-37 Rule 2260.5-R-23.00, both of which deal with the process by which the State Board may grant waivers to alternative teacher programs, approved induction programs, professional development plans, or approved programs of preparation.
22-17-R-2.00 WAIVER REQUESTS BY SCHOOL DISTRICTS
2.01 Legal Standard for granting waivers
The State Board shall grant waivers to school districts when it determines that such waivers would enhance educational opportunity and quality within the school district and when the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunities within the school district.
2.02 Duration/Revocation
Any waiver granted by the State Board of Education to a school district (not involving a charter school) shall continue indefinitely unless:
-the school district board of education that holds the waiver by resolution requests revocation of the waiver; or -the State Board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the State Board.
2.03 Pre-Application Process
2.03(a) Prior to submitting an application for a waiver, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board's intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. 2.03(b) The school district board of education shall post notice of such public meeting in three public places within the school district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. 2.03(c) At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver(s).
2.04 Application Process
Waiver requests by school districts shall be submitted as follows: 2.04(a) Written requests for waivers will be sent to the State Board of Education, 201 East Colfax Avenue, Denver, Colorado 80203.
2.05 State Board Ruling
The State Board of Education will rule on a waiver request by a school district within 90 days of receipt of a complete request for waiver.
2.06 Sections Of Law Ineligible For Waiver
The State Board of Education shall not waive any of the requirements specified in the following statutory provisions:
2.06(f) Duty of a school district board of education to adopt a policy mandating prohibition against the use of all tobacco products on school property and at school-sponsored activities by students, teachers, staff, and visitors, and to adopt rules to enforce such prohibition, excluding expulsion of any student solely for such tobacco use pursuant to 22-32-109(1)(bb)(I), C.R.S.
2.06(g) Requirements governing a school district board of education planning to conduct a complete educational program outside the territorial limits of the district, pursuant to 22- 32-109(2), C.R.S.
2.06(h) Duty of each school district board of education to adopt a written policy setting forth the district's attendance requirements, pursuant to 22-33-104(4), C.R.S. 2217-R-3.00 WAIVER REQUESTS BY CHARTER SCHOOLS
3.01 Legal Standard for granting waivers to charter schools
3.01(a) Pursuant to contract, a charter school may operate free from specified school district regulations and state regulations. Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the State Board. 3.01(b) The State Board of Education shall grant waivers of state statutory requirements or rules promulgated by the State Board to charter schools when in the judgment of the State Board it deems waivers necessary.
3.01(c) Upon request of the charter applicant, the State Board and the local board of education shall provide summaries of such regulations and policies to use in preparing a charter school application.
3.02 Duration/Revocation
3.02(a) Any waiver of state or local school district regulations shall be for the term of the charter for which the waiver is made.
3.02(b) A waiver of state statutes or regulations by the State Board shall be subject to review every two years and may be revoked if the waiver is deemed no longer necessary by the State Board of Education.
3.03 Application Process
Waiver requests by charter schools shall be submitted for the term of the charter as follows: 3.03(a) Within ten days after the charter school contract is approved, a signed contract including any request for release from state statutes and/or regulations, as well as the duration of the waiver requested, not to exceed five years, must be submitted to the State Board of Education by a local board of education and a charter school. Specific statutory and regulatory citations must be included.
3.04 STATE BOARD RULING ON WAIVER REQUESTS
3.04(a) Within forty-five days after a request for release is received by the state board of education, the state board of education shall either grant or deny the request. 3.04(b) If the state board of education grants the request, it shall notify the local board of education and the charter school of its decision in writing.
3.04(c) If the State Board of Education denies the request, it shall notify the local board of education and the charter school in writing that the request is denied and specify the reasons for the denial. If the request for release includes multiple state statutes or regulations, the denial shall specify the state statutes and regulations for which the release is denied, and the denial shall apply only to those state statutes and regulations so specified.
3.04(d) If the local board of education and the charter school do not receive notice of the state board of education's decision within forty-five days after official receipt of the request for release, the request shall be deemed granted.
3.05 Sections Of Law Ineligible For Waiver
The State Board of Education shall not waive any of the requirements specified in the following statutes and/or related rules:
3.05(a) Assessments required to be administered pursuant to section 22-7-209, C.R.S.; or 3.05(b) Assessments necessary to prepare the school accountability reports pursuant to 22-7-601, et seq., C.R.S.
2217-R-4.00 Statement of Basis and Purpose The basis of these rules, adopted by the State Board of Education on (January 11, 1990) is found in 22-2- 106(1) (A) and (C), 22-2-107(1) (C) and 22-2-117, C.R.S. The purpose of these amendments, is to clarify the process that schools and school districts must follow in order for the State Board of Education to consider waiver requests involving statutes and rules and regulations that have been imposed on schools and school districts.
4.01 The basis for these amendments, adopted by the State Board of Education on (November 10, 1994) is found in sections 22-30.5-104(6) and 22-2-117, C.R.S. which were amended by the General Assembly in 1994. The purpose of these amendments is to specify the process by which waivers may be granted to charter schools pursuant to the aforementioned statutes and to clarify the standards that the State Board will use in determining which waiver requests meet the statutory requirements.
4.02 The basis for these amendments, adopted by the state board of education on (08-13-98) is found in sections 22-30.5-105(3), C.R.S. which was amended by the general assembly in 1998. The purpose of these amendments is to specify the process by which waivers may be granted to charter schools pursuant to the aforementioned statute.
4.03 The basis for these amendments, adopted by the State Board of Education on August 9, 2001 is found in 22-2-117, et seq., 22-7-601 et seq., and 22-30.5-104(6) and 105(3), C.R.S. the purpose of these amendments is to conform the State Board's rules to statute, including major amendments to 22-2-117 and the addition of 22-7-601 from the 2000 legislative session.