2.1 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.
2.2 Duration/Revocation
Any waiver granted by the State Board of Education to a
school district (not involving a charter school) shall continue indefinitely
unless:
2.02(a) The school district
board of education that holds the waiver by resolution requests revocation of
the waiver; or
2.02(b) The State
Board receives evidence that constitutes good and just cause for revocation of
the waiver, as determined by the State Board.
2.3 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).
2.4 Application Process
2.04(a) Written requests for waivers shall be
submitted electronically to the State Board of Education by emailing
state.board@cde.state.co.us and electronically copying the Schools of Choice
Unit at schoolsofchoice@cde.state.co.us.
2.04(b) A complete request for a waiver shall
include:
2.04(b)(i) A list of statutes and/or
rules requested for waiver;
2.04(b)(ii) A statement explaining how the
waiver would enhance educational opportunity and quality within the school
district;
2.04(b)(iii) A statement
explaining how costs to the school district of complying with the requirement
for which the waiver is requested significantly limit educational opportunity
within the school district;
2.04(b)(iv) A statement describing the manner
in which the school district shall comply with the intent of the waived rules
or statutes as well as how it shall be accountable to the state board for such
compliance;
2.04(b)(v)
Documentation of legal requirements for district's public hearing process;
and
2.04(b)(vi) Additionally, a
school district of 3,000 or more pupils shall provide signatures demonstrating
that its application has the consent of a majority of the appropriate
accountability committee, a majority of the affected licensed administrators,
and a majority of the affected school district teachers and shall indicate how
the affected staff and committee were determined.
2.5 State Board Ruling
The State Board of Education will rule on a waiver request by
a school district within 120 days of receipt of a complete request for
waiver.
2.6 Sections of Law
Ineligible for Waiver
The State Board of Education shall not waive any of the
requirements for those sections of law identified as ineligible for a waiver
and specified in section
22-2-117(1)(b)
and (1.5), C.R.S.
Notes
1 CCR
301-35-2.00
41
CR 21, November 10, 2018, effective
11/30/2018
42
CR 11, June 10, 2019, effective
6/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
44
CR 04, February 25, 2021, effective
3/31/2021
