Ala. Admin. Code r. 290-1-1-.10.1

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-1-1-.10.1 - Exception(s) To Administrative Code Rule(s) - Excepting The Administrative Code Rules Required By Law, Federal Regulations Or Court Orders

(1) Effective July 1, 1992, the State Superintendent of Education is authorized:

(a) To receive and consider each request from each local county superintendent of education or city superintendent of schools for each exception of rule(s) published in the Alabama State Board of Education, State Department of Education Administrative Code.

(b) To study such exception request(s) especially how such exception(s) might improve student achievement, and encourage innovation, experimentation and risk taking in the public school(s) of Alabama.

(c) To grant such request(s) for exception(s), received in accordance with Alabama Administrative Code r. 290-010-010-.10.1(1)(a) through (b), of Alabama Administrative Code rule(s) published in the Alabama State Board of Education, State Department of Education Administrative Code.

(d) To grant exception(s) for periods of one, two or three years.

(2) Effective July 1, 1992, the State Superintendent of Education shall report on a monthly basis to the Alabama State Board of Education:

(a) The number and nature of requests received before taking any action.

(3) The following procedure shall be used for granting exception(s):

(a) When the Department receives an exception request, the request is reviewed by the Assistant Superintendent of the program the request affects and sent to each State Board member.

(b) The Assistant Superintendent shall make a recommendation concerning the request to a review panel. The review panel's members shall be the Assistant Superintendent for Instructional Services, the Assistant Superintendent for General Administrative Services and the Assistant Director for Administrative and Financial Services.

(c) The review panel shall make an appropriate recommendation to the State Superintendent.

(d) Board members must present questions to the State Superintendent concerning exception request(s) within seven days of their receipt of the request. If a Board member wants the request acted upon by the Board, the request shall be placed on the agenda for the following Board meeting. Otherwise, the State Superintendent will make the final decision regarding the request.

(e) The State Superintendent shall send all Board members a summary of all requests, and the action taken, on a quarterly basis or at a Board member's request.

(4) Requests will not be granted for exceptions to: state and federal laws; regulations governing the expenditures of funds; safety requirements; civil rights requirements; or prohibitions in Alabama Administrative Code r. 290-040-040-.02 of certain teaching techniques. Requests shall not be granted for administrative convenience, although reduction of excessive paperwork and the elimination of duplication in reporting are desired goals.

(5) The process of granting exceptions will in no way violate the policy-making responsibilities of the State Legislature, the State Board of Education and local boards of education.

Ala. Admin. Code r. 290-1-1-.10.1

New Rule: May 14, 1992 effective June 22, 1992. Amended: October 14, 1993.

Author: Ashley H. Hamlett, Sec. Administrative Code

Statutory Authority:Code of Ala. 1975, §§ 16-3-11 through 13, as amended.