R277-121-2. Procedures for Waiver Requests

  (1)(a) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.

  (b) A written request under Subsection (1)(a) shall include:

  (i) verification that the LEA board voted to request the waiver in an open meeting;

  (ii) student achievement data that supports the requested waiver;

  (iii) data demonstrating the cost effectiveness of the waiver request;

  (iv) a proposed agreement with the Board that includes:

  (A) a proposed effective date;

  (B) provisions for public review and accountability;

  (C) data gathering and reporting timelines;

  (D) a sunset date; and

  (v) in the case of a charter school, a recommendation from the board of the school's authorizer.

  (2) An LEA board may not request a waiver from a Board rule:

  (a) that is required by or adopts criteria from a federal statute, federal regulation, or state law;

  (b) that would negatively affect the health, safety, or welfare of public education students;

  (c) that could reasonably result in discrimination or harassment of public school students or employees;

  (d) that would benefit one element of the public education system to the detriment of another; or

  (e) when the concerns giving rise to an LEA board's request could be addressed through means other than waiver of Board rules.