First Regular Session
Sixty-second General Assembly
LLS NO. 99-0226.01 Julie Pelegrin HOUSE BILL 99-1044
STATE OF COLORADO
BY REPRESENTATIVES Spence, Allen, King;
also SENATOR Hillman.
REENGROSSED
EDUCATION
A BILL FOR AN ACT
101 CONCERNING WAIVERS OF REQUIREMENTS IMPOSED ON SCHOOL DISTRICTS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Repeals and reenacts the provisions allowing waivers of statutory
and regulatory requirements imposed on school districts. Allows a school
district board of education to request a waiver of education statutes or
rules without obtaining prior approval of a majority of the accountability
committee, affected administrators, and teachers of the district. Allows
the state board of education to grant a waiver if the state board determines
that it would enhance educational opportunity within the school district
or that the costs of complying with the requirements for which a waiver
is requested significantly limit educational opportunity within the school
district. Prohibits the state board of education from granting waivers of
certain statutes.
To apply for a waiver, requires a school district board of
education, in a public meeting, to adopt a resolution specifying the intent
to apply for a waiver and the statutes and rules for which a waiver will be
requested.
Specifies that a waiver shall remain in place until the school
district holding the waiver requests revocation or until the state board of
education receives evidence of good and just cause for revocation.
Directs that, if the state board of education revokes a waiver, the
revocation must occur in an open meeting. Removes the requirement for
a 2-year review of waivers granted through a charter for a charter school.
1 Be it enacted by the General Assembly of the State of Colorado:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 SECTION 1. 22-2-117, Colorado Revised Statutes, is
2 REPEALED AND REENACTED, WITH AMENDMENTS, to read:
3 22-2-117. Additional power - state board - waiver of
4 requirements. (1) (a) UPON APPLICATION OF THE BOARD OF EDUCATION
5 OF ANY SCHOOL DISTRICT, THE STATE BOARD, EXCEPT AS PROHIBITED IN
6 PARAGRAPH (b) OF THIS SUBSECTION (1), MAY WAIVE ANY OF THE
7 REQUIREMENTS IMPOSED BY THIS TITLE OR BY RULE PROMULGATED BY THE
8 STATE BOARD. THE STATE BOARD SHALL GRANT THE WAIVER IF IT
9 DETERMINES THAT IT WOULD ENHANCE EDUCATIONAL OPPORTUNITY
10 WITHIN THE SCHOOL DISTRICT OR THAT THE COSTS TO THE SCHOOL
11 DISTRICT OF COMPLYING WITH THE REQUIREMENTS FOR WHICH THE
12 WAIVER IS REQUESTED SIGNIFICANTLY LIMIT EDUCATIONAL OPPORTUNITY
13 WITHIN THE SCHOOL DISTRICT.
14 (b) THE STATE BOARD SHALL NOT WAIVE ANY OF THE
15 REQUIREMENTS SPECIFIED IN ANY OF THE FOLLOWING STATUTORY
16 PROVISIONS:
17 [(I) THE "EDUCATIONAL ACCOUNTABILITY ACT OF 1971", PART 1
18 OF ARTICLE 7 OF THIS TITLE;]
19 [(II)] PARTS 4 AND 5 OF ARTICLE 7 OF THIS TITLE, CONCERNING
20 IMPLEMENTATION OF STANDARDS-BASED EDUCATION AND THE
21 "COLORADO BASIC LITERACY ACT";
22 [(III)] THE "EDUCATIONAL ACCREDITATION ACT OF 1998", ARTICLE
23 11 OF THIS TITLE;
24 [(IV)] THE "CHARTER SCHOOLS ACT", PART 1 OF ARTICLE 30.5 OF
25 THIS [TITLE;]
26 [(V) THE "EXCEPTIONAL CHILDREN'S EDUCATIONAL ACT", ARTICLE
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1 20 OF THIS TITLE;
2 (VI) THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF
3 THIS TITLE;
4 (VII) PART 3 OF ARTICLE 63 OF THIS TITLE, CONCERNING TEACHER
5 DISMISSAL.]
6 (2) PRIOR TO SUBMITTING AN APPLICATION FOR A WAIVER AS
7 PROVIDED IN SUBSECTION (1) OF THIS SECTION, A SCHOOL DISTRICT BOARD
8 OF EDUCATION, IN A PUBLIC MEETING, SHALL ADOPT A RESOLUTION
9 STATING THE BOARD'S INTENT TO APPLY FOR A WAIVER AND SPECIFYING
10 THE STATUTES AND RULES FOR WHICH THE BOARD WILL REQUEST WAIVERS.
11 [AT LEAST THIRTY DAYS PRIOR TO SUCH PUBLIC MEETING, THE SCHOOL
12 DISTRICT BOARD OF EDUCATION SHALL MEET WITH THE SCHOOL DISTRICT
13 ACCOUNTABILITY COMMITTEE TO CONSULT WITH THE COMMITTEE
14 CONCERNING THE INTENT TO SEEK THE WAIVER.]
15 (3) (a) ANY WAIVER MADE PURSUANT TO THE PROVISIONS OF THIS
16 SECTION SHALL CONTINUE UNTIL SUCH TIME AS:
17 (I) THE SCHOOL DISTRICT BOARD OF EDUCATION THAT HOLDS THE
18 WAIVER BY RESOLUTION REQUESTS REVOCATION OF THE WAIVER; OR
19 (II) THE STATE BOARD RECEIVES EVIDENCE THAT CONSTITUTES
20 GOOD AND JUST CAUSE FOR REVOCATION OF THE WAIVER, AS DETERMINED
21 BY THE STATE BOARD.
22 (b) THE STATE BOARD MAY REVOKE A WAIVER GRANTED PURSUANT
23 TO THIS SECTION ONLY BY ACTION TAKEN IN A PUBLIC MEETING.
24 [ (4) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
25 WAIVER REQUESTED BY A CHARTER SCHOOL PURSUANT TO SECTIONS
26 22-30.5-104 (6) AND 22-30.5-105 (3). WAIVER REQUESTS BY A CHARTER
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1 SCHOOL SHALL BE GOVERNED BY THE PROVISIONS OF SAID SECTIONS.]
2 SECTION 2. Safety clause. The general assembly hereby finds,
3 determines, and declares that this act is necessary for the immediate
4 preservation of the public peace, health, and safety.