Utah Admin. Code R277-121-2 - Procedures for Waiver Requests
(1) An LEA board
may request a waiver from a Board rule by filing a written request with the
Superintendent.
(2) An LEA board
may not request a waiver from a Board rule that is required by or adopts
criteria from a federal statute, federal regulation, or state law.
(3) An LEA's written waiver request shall
include how the waiver will support the learning environment and lead to
educational excellence, and;
(4)
Any other additional information that the LEA believes the Board would find
helpful to make an informed decision regarding the waiver.
(5) Except for a request for a waiver due to
snow, inclement weather, or other emergency school closure described in Section
R277-121-5, a written request under Subsection (1)(a) shall include:
(a) verification that the LEA board voted to
request the waiver in an open meeting, with the results of the waiver
request.
(b) data, if applicable,
that support the requested waiver, which shall include:
(i) student achievement data;
(ii) community, staff, and student survey
data;
(iii) student enrollment
data;
(iv) data demonstrating the
cost effectiveness of the waiver request;
(c) a proposed agreement with the Board that
includes:
(i) a proposed effective
date;
(ii) provisions for public
review and accountability;
(iii)
data gathering and reporting timelines; and
(iv) a sunset date; and
(d) in the case of a charter school, a
recommendation from the board of the school's authorizer.
(6) If an LEA seeks a waiver as outlined in
Section R277-121-2 for a 4-day school week, the LEA shall:
(a) hold at least two open and public
meetings, held separately from regular board meetings, to engage with
stakeholders regarding the waiver request.
(i)
At least one of the meetings shall be held before a vote is taken to apply for
the waiver, during which the LEA or public school shall:
(A) explain the rationale for seeking the
waiver; and
(B) listen to
stakeholder concerns; and
(ii) At least one of the meetings shall be
held after the decision to apply for the waiver but before the submission of
the application, during which the LEA or public school shall:
(A) explain the waiver process; and
(B) describe plans to address stakeholder
concerns.
(iii) Meetings
described in this section may be held electronically.
(b) Certify that the LEA or public school
notified affected school community councils and principals about the potential
waiver before holding a vote to apply for the waiver.
(6) An LEA or public school applying for a
waiver shall submit the waiver or waiver renewal, as described in Subsection
R277-121-4(1), for the 4-day school week to the Board by April 10 of the school
year prior to the proposed change.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1)
(a) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.
(b) Except for a request for a waiver due to snow, inclement weather, or other emergency school closure described in Section R277-121-5, a written request under Subsection (1)(a) shall include:
(i) verification that the LEA board voted to request the waiver in an open meeting;
(ii) data that support the requested waiver, which may include:
(A) student achievement data;
(B) community, staff, or student survey data;
(C) student enrollment data; or
(D) data demonstrating the cost effectiveness of the waiver request;
(iii) a proposed agreement with the Board that includes:
(A) a proposed effective date;
(B) provisions for public review and accountability;
(C) data gathering and reporting timelines; and
(D) a sunset date; and
(iv) in the case of a charter school, a recommendation from the board of the school's authorizer.
(2) An LEA board may not request a waiver from a Board rule:
(a) that is required by or adopts criteria from a federal statute, federal regulation, or state law;
(b) that would negatively affect the health, safety, or welfare of public education students;
(c) that could reasonably result in discrimination or harassment of public school students or employees;
(d) that would benefit one element of the public education system to the detriment of another; or
(e) when the concerns giving rise to an LEA board's request could be addressed through means other than waiver of Board rules.