1. (a) In order to meet the provisions of these rules and encourage innovation to achieve high standards for students, a local school board may request approval of an alternative method of compliance with the relevant rule or rules.

2. (b) To apply for alternative approval, the local school board shall submit a written request to the commissioner that includes:

   1. (1) The name(s) of school(s), district, or both;
   2. (2) The SAU number;
   3. (3) The contact person and telephone number;
   4. (4) The grades covered by the request;
   5. (5) The number of students affected;
   6. (6) Identification of the rule(s) for which the alternative plan is being submitted;
   7. (7) The local school board chairperson's signature;
   8. (8) A clear and concise written justification of the request; and

   9. (9) A plan which describes:

      1. a. The alternative and consists of a statement of intent;
      2. b. Method of implementation;
      3. c. Evaluation procedures;
      4. d. Timetable for development and implementation; and
      5. e. An explanation of how the alternative is consistent with the statement(s) of philosophy, goals, and objectives adopted pursuant to Ed 306.05.

3. (c) The commissioner shall grant approval of the alternative for that period of time consistent with the school(s) approval designation, issued pursuant to Ed 306.24, if the request meets the following criteria:

   1. (1) The information provided is thorough and complete;
   2. (2) The school district has demonstrated that it is able to implement the alternative; and
   3. (3) The alternative is educationally sound and is consistent with the intent of the rule(s).
4. (d) The commissioner shall notify the local school board chairperson and the superintendent in writing of the decision.
5. (e) If the commissioner denies the request, the chairperson of the local school board or designee may appeal the decision and request a state board hearing.
6. (f) The appeal shall be filed, in writing, with the state board.
7. (g) The state board shall hear the district’s appeal at the next regularly scheduled state board meeting.
8. (h) Should the district wish to present oral argument to the state board, the district shall file a separate request for oral argument at the time of the appeal. If the district requests oral argument, the department shall also have the opportunity to provide oral argument to the state board if it so chooses.

Source. (See Revision Notes #1, #2, #3, and #4 at part heading for Ed 306) #14150, eff 12-13-24