1 Colo. Code Regs. § 301-35-2.00

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 301-35-2.00 - Waiver Requests by School Districts

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.

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

44 CR 04, February 25, 2021, effective 3/31/2021