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2000 SESSION

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HB 1462 Waivers of certain Board of Education regulations.

Introduced by: Thomas M. Bolvin | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Waivers of certain Board of Education regulations. Provides that the Board of Education may waive compliance with certain regulations for schools and school boards. These waivers are not available for those regulations or provisions of regulations that (i) implement the Standards of Quality (SOQ); (ii) address student achievement requirements for school accreditation, student achievement expectations, and graduation requirements prescribed in the Standards of Accreditation; (iii) are identified by the Board as necessary to meet federal statutory and regulatory requirements; or (iv) are identified by the Board as necessary to protect the health and safety of public school students and personnel. The waivers may be made for "good cause and subject to reasonable procedures and criteria" established pursuant to the Administrative Process Act. The waivers may be issued upon the Board's initiative; at the request of a school board; or at the request of an individual school, upon local school board approval of the request. Pursuant to the Standards of Accreditation (SOA), with the approval of the local school board, schools seeking to implement experimental or innovative programs that are not consistent with the SOA or other Board regulations may submit a waiver request to the Board for evaluation and approval prior to implementation. The request must include the purpose and objectives of the experimental/ innovative program; mechanisms for measuring goals, objectives, and student academic achievement; and other specified information. The SOA provide that the waiver may not apply any regulations promulgated that are not mandated by state law or federal law or designed to promote health or safety. The Board may grant all or a portion of the request. Specifically excluded from waivers within the SOA are those that would violate the SOQ and those regulations addressing accreditation, student achievement expectations, graduation requirements, and learning objectives in the schools. The SOA (8 VAC 20-131-330) specifically allow the Board to waive some SOA requirements "based on submission of a request from the division superintendent and chairman of the local school board. The request shall include documentation of the need for the waiver. In no event will waivers be granted to the requirements of Part III-Student Achievement."


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