1. (1) An LEA may seek a waiver directly from the Superintendent from the 180 day requirement described in Subsection R277-419-4(1) if:

   1. (a) the LEA closes a school due to excessive snow, inclement weather, or an other emergency; and
   2. (b) the school closure will result in the LEA not meeting the 180 day requirement described in Section R277-419-4.
2. (2) The Superintendent may grant a waiver due to excessive snow, inclement weather, or other emergency without Board approval if the LEA has provided contingency school days and hours into the LEA's calendar as required in Subsection R277-419-4(5), or has another plan in place to minimize the negative impact on the educational process caused by the waiver.

3. (3)(a) An LEA may request the Superintendent to waive the school day and hour requirement in the event of a public health emergency.

   1. (b) A waiver described in this Subsection (3) may be for a designated time period, for a specific area, or for a specific LEA in the state, as determined by the health department directive.
   2. (c) A waiver may allow an LEA to continue to receive state funds for pupil services and reimbursements.
   3. (d) A waiver granted by the Superintendent as described in this Subsection (3) shall direct an LEA to provide as much notice to students and parents of the suspension of school services, as is reasonably possible.
   4. (e) A waiver granted as described in this Subsection (3) shall direct an LEA to comply with health department directives, but to continue to provide any services to students that are not inconsistent with the directive.
   5. (f) The Superintendent may encourage an LEA to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.
   6. (g) Any waiver request granted pursuant to Subsection (3) shall be subject to Board approval no later than 45 days after it is granted.
4. (4) An LEA request for a waiver due to snow, inclement weather, or other emergency school closure described in this section is not required to include the information described in Subsections R277-121-2(1)(b)(ii) through (iv) unless requested by the Superintendent.
5. (5) If the Superintendent denies an LEA's request described in this section, the LEA may appeal the Superintendent's decision by making the request of the full Board.

KEY: Utah State Board of Education, waivers, administrative rules

Date of Last Change: June 9, 2025

Notice of Continuation: August 14, 2022

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)