First Regular Session

Sixty-first General Assembly

LLS NO. 97­0344.01 MTJ SENATE BILL 97­017

STATE OF COLORADO

BY SENATOR B. Alexander;

also REPRESENTATIVE Dean.

EDUCATION

ENGROSSED

A BILL FOR AN ACT

CONCERNING THE GRANTING OF WAIVERS OF STATUTORY REQUIREMENTS APPLICABLE TO SCHOOL DISTRICTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Removes the requirement that school district accountability committees, affected certified administrators, and a majority of the affected teachers concur in an application for a waiver of a statutory requirement applicable to school districts. Authorizes the state board of education to determine the duration of the waiver. Provides that waivers are to be automatically renewed unless good and just cause for nonrenewal is presented to the state board of education.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­2­117 (1) and (2), Colorado Revised Statutes, 1995 Repl. Vol., are amended to read:

22­2­117.  Additional power ­ state board ­ waiver of requirements ­ repeal. (1)  Upon application of the board of education of any school district, a majority of AND CERTIFICATION OF PRIOR NOTICE OF SUCH APPLICATION HAVING BEEN GIVEN TO the appropriate accountability committee, a majority of the affected certified administrators, and a majority of the teachers of the affected school or district AND PUBLIC HEARING THEREON, the state board may waive any requirements imposed by this title, EXCEPT ARTICLE 54 subject to standards providing for educational achievement and enhancement of educational opportunity, giving due regard to the costs of providing such services, or by rule and OR regulation promulgated by the state board for such school district, or portion thereof, which, in its discretion, it deems necessary to accomplish the purposes of sections 22­53­203 to 22­53­208 relating to educational achievement. The burden of proof shall be on such school district to demonstrate that the waiver requested, if granted, would result in the accomplishment of the purposes of said sections.

(2)  Any waiver made pursuant to the provisions of this section shall be for a period not to exceed two years; DETERMINED BY THE STATE BOARD; except that, if the waiver is made in connection with a charter school application pursuant to section 22­30.5­104 (6), the waiver shall be for a period equal to the term of the charter. Any waiver made in connection with a charter school application shall be subject to review every two years and may be revoked if such waiver is deemed no longer necessary by the state board. A waiver may be renewed by the state board upon application of the board of education of any school district, a majority of the appropriate accountability committee, a majority of the affected certified administrators, and a majority of the teachers of the affected school or district concurring therein. Such renewal shall be for a period not to exceed two years; SHALL BE AUTOMATICALLY RENEWED FOR A PERIOD DETERMINED BY THE STATE BOARD UNLESS GOOD AND JUST CAUSE FOR NONRENEWAL IS PRESENTED TO THE STATE BOARD; except that, if a renewal is granted in connection with a charter pursuant to section 22­30.5­104 (6), such renewal shall be for a period equal to the term of the charter. A waiver renewal that is granted in connection with a charter shall be subject to review every two years and may be revoked if such waiver is deemed no longer necessary by the state board. A waiver may be renewed more than one time.

SECTION 2.  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.