Statutes, codes, and regulations
Wyoming Administrative Code
Agency 206 - Education, Dept. ofSubagency 0002 - General Agency, Board or Commission Rules
Chapter 32 - CHARTER SCHOOLS
Section 32-14 - Waivers of State Statutes and Rules and Regulations by State Board

206-32 Wyo. Code R. § 32-14

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Current through April 27, 2019
Section 32-14 - Waivers of State Statutes and Rules and Regulations by State Board

(a) Approval of the State Board shall be required for the waiver of any State statutory requirements or rules and regulations promulgated by the State Board.

(b) The district board shall notify the State Board of any requests for release from State statutes and/or regulations within ten (10) business days after the contract is approved by the district board but prior to signature and/or execution.

(c) The request shall provide adequate written justification for a Waiver of each statute and/or rule and regulation to enable the State Board to make a decision whether waiver is; necessary and appropriate. Notification shall include copies of all supporting documentation and evidence.

(d) The request for release shall be made in writing to the State Board of Education, 2300 Capitol Avenue, Hathaway Building, 2" Floor, Cheyenne, Wyoming 82002-0050. Service can be made in person, by U.S. Mail or received by facsimile at (307)777-6234 during regular business hours. Any request received after regular business hours will be treated as received during the regular business hours of the next working day. It is the responsibility of the requesting party to ensure receipt by the State Superintendent if U.S. Mail or facsimile is the method utilized for delivery.

(e) Within forty-five (45) calendar days after receipt of the request by the district board, the State Board shall notify the district board and the charter school applicant of its decision as to the approval or denial of the charter school applicant's request(s) for a waiver. Notice shall be given in the following manner:

  • (i) If the request is granted, the State Board shall notify the district board and the charter school applicant of the waiver. Notification of approval may be written or verbal. However, written notification is the preferred method of communication of any approval.
  • (ii) If the request for a waiver or release is denied, the State Board shall notify the district board and the charter school applicant of the denial in writing, via certified mail return receipt requested, and the notice shall include the following:
    • (A) The specific reasons for the denial; and
    • (B) If the denial includes multiple State statutes or regulations, the State Board shall specify the State statutes and regulations for which the waiver or release is denied, and the denial shall apply only to the statutes and regulations cited in the notification.
  • (iii) If the State Board fails to respond within forty-five (45) calendar days after submittal of the request for waiver or release, the request shall be deemed granted and the waiver shall be included within the contract as executed between the district board and the charter school applicant.

(f) The State Board may only waive statutes and rules and regulations within its statutory authority or control. No waiver shall be made of any provision or regulation that is within the authority of the State Superintendent, the Wyoming Department of Education, the Professional Teaching Standards Board and any other state agency or entity.

(g) The State Board shall not waive any statute or rule relating to the assessments or standards required to be administered, including but not limited to the uniform educational program standards imposed upon public schools by W.S. §§ 21-9-101 and 21-9-102, the uniform student and content and performance standards prescribed by the rules and regulation of the State Board and the requirements of the statewide assessment system as promulgated pursuant to W.S. § 21-2-304(a)(v). In addition, the State Board shall not waive any statute or rule which relates to district or school accreditation, teacher certification or health and safety.

(h) Any waiver granted by the State Board with regard to any State statutes or regulations shall be reviewed every two (2) years and may be revoked if the waiver is deemed no longer necessary by the State Board.

206-32 Wyo. Code R. § 32-14