156.161 Waiver of administrative regulations and statutes by Kentucky Board of
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/ky/156-161A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Education -- Request by local board of education -- Limitations -- Procedures -
- Schools of innovation.
(1)The Kentucky Board of Education, upon the request of the local board of education
of a school district, may grant a waiver from the requirements of an administrative
regulation promulgated by the state board or from a statute over which the state
board has authority to enforce. A waiver granted by the state board shall expire on
June 30 of the third full school year after the request was first approved, regardless
of subsequent amendment, unless the state board renews the waiver prior to
expiration. The state board shall not waive any statute or administrative regulation:
(a)Relating to health and safety, including required criminal background checks
for staff and volunteers specified in KRS 160.380 and 161.148;
(b)Relating to civil rights;
(c)Required by federal law;
(d)Relating to compulsory attendance requirements under KRS 158.030 and
158.100, or the recording of data necessary for participation in the fund to
support education excellence in Kentucky;
(e)Establishing certification requirements for teachers in core academic areas,
except a waiver may authorize up to twenty-five percent (25%) of the
teaching staff of a school may be employed without teacher certification if the
individual possesses a baccalaureate or graduate degree in the subject the
individual is hired to teach;
(f)Requiring students' participation in state assessment of student performance as
required under KRS 158.6453;
(g)Financial audits, audit procedures, and audit requirements under KRS
156.265;
(h)Open records and open meeting requirements under KRS Chapter 61;
(i)Purchasing requirements and limitations under KRS Chapter 45A and KRS
156.074 and 156.480; or
(j)Requiring instructional time that is at least equivalent to the student
instructional year specified in KRS 158.070.
(2)A waiver request under subsection
(1)of this section shall:
(a)Identify the specific statutes and administrative regulations for which the local
board is seeking a waiver;
(b)Specify the schools or programs within the district to which the waiver shall
apply;
(c)Explain how the waiver for the schools or programs of each specific statute or
administrative regulation will improve operations or student academic
achievement; and
(d)Include any evidence the district wishes to submit to support the request.
(3)Upon the majority vote of a local board approving a waiver request, the
superintendent of the district shall submit the waiver request to the state board. The
state board shall consider the waiver of each statute or administrative regulation
included in the request at the next regularly scheduled meeting after submission and
shall either approve or deny the request. In considering approval for each statute or
administrative regulation identified in a waiver request, the state board shall grant
the request if it demonstrates that the waiver is more likely than not:
(a)To improve that school's or program's operation without hindering student
academic achievement; or
(b)To improve student academic achievement at that school or program.
(4)In submitting a waiver request under subsection
(3)of this section, a local board
may seek to identify the school or program that is the subject of the request as a
school of innovation. In addition to any other waivers granted for the school or
program, a school of innovation shall be granted a waiver from all statutes and
administrative regulations that would prevent the district from entering into an
agreement with an education service provider to assist in the management and
operation of the school or program. The state board shall approve the school of
innovation request if the request demonstrates that identification as a school of
innovation is more likely than not to improve either that school's or program's
operation or student academic achievement.
(5)A local board whose request to waive a statute or administrative regulation under
subsection
(3)or
(4)of this section was denied may amend the original request for
reconsideration at the state board's next regularly scheduled meeting. A local board
may request assistance from the Kentucky Department of Education in the
development of the local board's waiver request or an amendment.
(6)A local board may seek to amend a previously approved waiver request by
submitting the amendment for approval by the state board under the same
procedures as the original request.
(7)A local board that is granted a waiver under subsection
(3)or
(4)of this section
may submit a request to renew the waiver to the state board. A renewal request shall
be submitted no earlier than six
(6)months prior to that waiver's expiration. The
renewal request shall include evidence of the operational improvement of the
school or program that is subject to the waiver, the academic achievement of the
students enrolled in the schools or program, comparisons of those students with
similar students across the state, and any other evidence of the waiver's benefit to
student academic achievement. If the state board finds that the waiver has had a
positive impact on the school's or program's operation or the academic achievement
of students, then the renewal request shall be approved. An approved renewal
request shall extend the waiver for an additional three
(3)school years.
(8)Any school that is subject to a waiver shall admit any and all children eligible to
attend the school subject to the local board's policies.
(9)If the state board at any time finds by a two-thirds (2/3) majority vote that a specific
waiver previously granted has hindered school or program operations, endangered
students, impeded student academic achievement, or supported financial
malfeasance or criminal activity, then the waiver shall be rescinded. The existence
of a waiver shall not negate the legal duties or professional responsibilities of a
district employee.
(10)The state board shall promulgate administrative regulations in accordance with KRS Chapter 13A to adopt a standardized waiver request form and establish any procedures for processing waiver requests in compliance with this section.