(1) (a) Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance.
(b) The state board shall not waive any of the requirements specified in any of the following statutory provisions:
(I) The "Public School Finance Act of 1994", article 54 of this title;
(II) The "Exceptional Children's Educational Act", article 20 of this title;
(III) Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;
(IV) Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;
(V) The "Children's Internet Protection Act", article 87 of this title 22;
(VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305; or
(VII) Any provisions of section 22-1-130, relating to notification to parents of alleged criminal conduct by school district employees.
(c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.
(d) In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as defined in section 22-54-103 (7), of three thousand or more pupils shall demonstrate that such application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district.
(1.5) Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).
(2) Prior to submitting an application for a waiver as provided in subsection (1) of this section, 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. The school district board of education shall post notice of such public meeting in three public places within the 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. 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.
(3) (a) Any waiver made pursuant to the provisions of this section shall continue until such time as:
(I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or
(II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.
(b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing.
(4) The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections.
(5) The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process.
(6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title.
Source: L. 89: Entire section added, p. 946, 1, effective April 17. L. 93: (4) amended, p. 1061, 2, effective June 3. L. 94: (2) amended, p. 1380, 5, effective May 25. L. 96: (3) repealed, p. 1233, 66, effective August 7. L. 97: (1) amended, p. 460, 3, effective August 6. L. 98: (4) repealed, p. 317, 1, effective April 17. L. 2000: (1) amended and (1.5) added, pp. 369, 349, 20, 3, effective April 10; entire section R&RE, p. 522, 1, effective August 2; (1)(b) amended, p. 375, 33, effective August 2. L. 2001: (1.5) amended, p. 1271, 23, effective June 5; (1)(b)(III) amended, p. 1498, 20, effective June 8. L. 2003: (1)(b) amended, p. 2515, 3, effective June 5; (1)(b)(V) added, p. 2477, 32, effective August 15. L. 2004: (6) added, p. 1617, 3, effective July 1. L. 2009: (1)(b)(III) and (1.5) amended, (SB 09-163), ch. 293, p. 1529, 10, effective May 21. L. 2012: (1.5) amended, (HB 12-1345), ch. 188, p. 747, 34, effective May 19. L. 2015: (1.5) amended, (HB 15-1323), ch. 204, p. 721, 21, effective May 20. L. 2017: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (HB 17-1375), ch. 287, p. 1596, 6, effective June 2. L. 2018: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 18-1269), ch. 268, p. 1653, 2, effective August 15.
Editor's note: (1) Amendments to subsection (1) in Senate Bill 00-186 were superseded by House Bill 00-1040.
(2) Subsection (1)(b)(V) was originally numbered as (1)(b)(IV) in Senate Bill 03-326, but has been renumbered on revision for ease of location.