First Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 07-0305.01 Richard Sweetman HOUSE BILL 07-1041 HOUSE SPONSORSHIP Benefield, SENATE SPONSORSHIP Windels, House Committees Senate Committees Education A BILL FOR AN ACT Concerning waiver by the state board of education of legal requirements imposed on public education entities. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the approval of at least 2/3 of the state board of education ("board") members to waive statutory education requirements. Requires the approval of a majority of the board members to waive requirements of rules promulgated by the board. Requires an application for waiver submitted by a school district, regardless of size or chartering authority status, to demonstrate that the application has the consent of a majority of the members of the appropriate accountability committee, a majority of the affected administrators, and a majority of the teachers of the affected school or school district. Requires an application for renewal of a waiver submitted by a school district on behalf of a charter school to demonstrate that the application has the consent of a majority of the teachers of the affected charter school. Limits waivers to a maximum period of 5 years. Provides for a waiver review process for the renewal of expired waivers. Requires the board to define procedures and criteria for the waiver review process. Specifies statutes and rules the requirements of which the board may not waive. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 22-2-117 (1), (3), and (6), Colorado Revised Statutes, are amended to read: 22-2-117. Additional power - state board - waiver of requirements - rules. (1) (a) Upon application of the board of education of any a school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall may grant the waiver only if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any A school district board of education that applies for a waiver pursuant to this section shall specify in such the application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance. (a.5) (I) Waiver or renewal of a waiver by the state board of a requirement imposed by this title shall require the approval of at least two-thirds of the members of the state board. (II) Waiver or renewal of a waiver by the state board of a rule promulgated by the state board shall require the approval of a majority of the members of the state board. (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions: (I) The "Public School Finance Act of 1994", article 54 of this title; (II) The "Exceptional Children's Educational Act", article 20 of this title; (III) Any provision of part 6 of article 7 of this title pertaining to the data necessary for school accountability reports; (IV) Any provision of this title that relates to fingerprinting and criminal history record checks of educators and school personnel; or (V) The "Children's Internet Protection Act", article 87 of this title; or (VI) The "Educational Accreditation Act of 1998", article 11 of this title. (c) A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such the request to the superintendent and the board of education of the school district in which the public school is located. Such The waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such the request and apply to the state board for a waiver pursuant to this section or not adopt such the request. (d) In addition to any requirements for a waiver application that are specified in this subsection (1), any an application submitted by a school district that has a funded pupil count, as defined in section 22-54-103 (7), of three thousand or more pupils shall demonstrate that such the application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district. (3) (a) Any A waiver made pursuant to the provisions of this section shall may continue until such time as for a maximum of five years. The state board may revoke a waiver made pursuant to the provisions of this section if: (I) The school district board of education that holds the waiver by resolution requests revocation of the waiver; or (II) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board. (b) The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing. (c) A school district that has received a waiver pursuant to the provisions of this section may, within six months prior to the expiration of the waiver, apply for a renewal of the waiver. The state board may, upon completion of a waiver review process, renew the waiver for a period of five years or less. The state board shall define by rule the procedures and criteria for the waiver review process, which shall include, at a minimum: (I) A requirement that the school district's application for renewal of the waiver has the consent of a majority of the appropriate accountability committee, a majority of the affected administrators, and a majority of the teachers required for the initial application in paragraph (d) of subsection (1) of this section; and (II) A determination of whether: (A) The waiver has achieved its intended purpose of enhancing educational opportunity and quality within the school district; (B) The waiver remains necessary to enhance educational opportunity and quality within the school district; (C) The costs to the school district of complying with the requirements for which the waiver is requested would still significantly limit educational opportunity within the school district; and (D) The school district's effort to comply with the intent of the waived requirement has been sufficient to merit the renewal of the waiver. (6) Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title. SECTION 2. 22-30.5-104 (6) (a) and (6) (b), Colorado Revised Statutes, are amended, and the said 22-30.5-104 (6) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 22-30.5-104. Charter school - requirements - authority. (6) (a) Pursuant to contract, a charter school may operate free from specified school district policies and free from state rules, as provided in paragraph (b) paragraphs (b) and (b.5) of this subsection (6). Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board; except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the "Public School Finance Act of 1994", article 54 of this title or the requirements contained in the "Children's Internet Protection Act", article 87 of this title. (b) The state board shall promulgate rules identifying state statutes and state rules that are automatically waived for all charter schools. A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not automatically waived for charter schools by rule. Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to the assessments required to be administered pursuant to section 22-7-409, any statute or rule necessary to prepare the school accountability reports pursuant to part 6 of article 7 of this title, any statute or rule necessary to implement the provisions of the "Public School Finance Act of 1994", article 54 of this title, or any statute or rule relating to the "Children's Internet Protection Act", article 87 of this title. (b.5) (I) A school district, on behalf of a charter school, may apply to the state board for a waiver of a state statute or state rule that is not automatically waived for charter schools by rule. (II) On and after July 1, 2007, waiver or renewal of a waiver by the state board of a requirement imposed by this title, which waiver is made pursuant to this paragraph (b.5), shall require the approval of at least two-thirds of the members of the state board. (III) On and after July 1, 2007, waiver or renewal of a waiver by the state board of a rule promulgated by the state board, which waiver is made pursuant to this paragraph (b.5), shall require the approval of a majority of the members of the state board. (IV) Notwithstanding any provision of this subsection (6) to the contrary, the state board may not waive any statute or rule relating to implementation of the following statutory provisions: (A) Section 22-7-409, concerning the Colorado student assessment program; (B) Part 6 of article 7 of this title, concerning preparation of the school accountability reports; (C) The "Public School Finance Act of 1994", article 54 of this title; (D) The "Children's Internet Protection Act", article 87 of this title; (E) The "Exceptional Children's Educational Act", article 20 of this title; (F) Any provision of this title that relates to fingerprinting and criminal history record checks of educators and school personnel; or (G) The "Educational Accreditation Act of 1998", article 11 of this title. (V) A waiver made pursuant to the provisions of this paragraph (b.5) may continue for a maximum of five years. The state board may revoke a waiver made pursuant to the provisions of this paragraph (b.5) if: (A) The charter school that holds the waiver by resolution requests revocation of the waiver; or (B) The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board. (VI) The state board may revoke a waiver granted pursuant to this paragraph (b.5) only by action taken in a public meeting and hearing. (VII) A school district, on behalf of a charter school that has received a waiver pursuant to the provisions of this subsection (6), may apply, within six months prior to the expiration of the waiver, for a renewal of the waiver. The state board may, upon completion of a waiver review process, renew the waiver for a period of five years or less. The state board shall define by rule the procedures and criteria for the waiver review process, which shall include, at a minimum, a requirement that the school district's application for renewal of the waiver has the consent of a majority of the teachers at the charter school for which the waiver is intended. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.