1 Colo. Code Regs. § 301-35-3.00

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

Section 1 CCR 301-35-3.00 - Waiver Requests by Charter Schools and Automatic Waivers

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.

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

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