KRS § 156.161 — KY Code / Title XIII / Chapter 156 / Section 156.161
156.161 Waiver of administrative regulations and statutes by Kentucky Board of Education -- Request by local board of education -- Limitations -- Procedures -- Schools of innovation
Status: in_force

156.161 Waiver of administrative regulations and statutes by Kentucky Board of

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.