3.1 List of automatically waived statutes for
all charter schools:
The following statutes are automatically waived for all
charter schools. These waivers will be automatically granted to a charter
school upon entering into a charter contract with its authorizer, pursuant to
section 22-30.5-105, C.R.S.
3.01(a) 22-32-109(1)(f), C.R.S. Local board
duties concerning selection of staff and pay;
3.01(b) 22-32-109(1)(t), C.R.S. Determine
educational program and prescribe textbooks;
3.01(c) 22-32-110(1)(h), C.R.S. Local board
powers-Terminate employment of personnel;
3.01(d) 22-32-110(1)(i), C.R.S. Local board
duties-Reimburse employees for expenses;
3.01(e) 22-32-110(1)(j), C.R.S. Local board
powers-Procure life, health, or accident insurance;
3.01(f) 22-32-110(1)(k)(I), C.R.S. Local
board powers-Policies relating to in-service training and official conduct,
except as it relates to unlawful discrimination, including discrimination based
on hair texture, hair type, or a protective hairstyle that is commonly or
historically associated with race;
3.01(g) 22-32-110(1)(ee), C.R.S. Local board
powers-Employ teachers' aides and other non-certificated personnel;
3.01(h) 22-32-126, C.R.S. Employment and
authority of principals;
3.01(i)
22-33-104(4), C.R.S. Compulsory school attendance-Attendance policies and
excused absences;
3.01(j)
22-63-301, C.R.S. Teacher Employment Act-Grounds for dismissal;
3.01(k) 22-63-302, C.R.S. Teacher Employment
Act-Procedures for dismissal of teachers;
3.01(l) 22-63-401, C.R.S. Teacher Employment
Act-Teachers subject to adopted salary schedule;
3.01(m) 22-63-402, C.R.S. Teacher Employment
Act-Certificate required to pay teachers;
3.01(n) 22-63-403, C.R.S. Teacher Employment
Act-Describes payment of salaries; and
3.01(o) 22-1-112, C.R.S School Year-National
Holidays.
3.2 Legal
standard for granting non-automatic waivers to charter schools
3.02(a) Pursuant to contract, a local board
of education may waive locally imposed school district requirements, without
seeking approval of the State Board.
3.02(b) The State Board of Education shall
grant waivers of state statutory requirements or rules when in the judgment of
the State Board it deems waivers necessary.
3.02(c) Upon request of the charter
applicant, the State Board and the charter school authorizer shall provide
summaries of such regulations and policies for the applicant to use in
preparing its application.
3.3 Duration/Revocation
3.03(a) Any waiver of state or local school
district regulations shall be for the term of the charter for which the waiver
is made.
3.03(b) A waiver of state
statutes or regulations shall be subject to review periodically, but at least
every five years. A waiver may be revoked if the State Board deems the waiver
no longer necessary.
3.4
Application Process
Waiver requests by charter schools shall be submitted for the
term of the charter as follows:
3.4(a)
Within ten days after the charter contract is approved, a complete copy of the
signed charter contract must be submitted to the State Board of Education by
the charter school authorizer and charter school.
3.5 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
22-30.5-104(6)(c),
C.R.S. and section
22-30.5-507(7)(b),
C.R.S.
Notes
1 CCR
301-35-3.00
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
