Current through Register Vol. 42, No. 5, February 29, 2024
(1) Effective July
1, 1992, the State Superintendent of Education is authorized:
(a) To receive and consider each request from
each local county superintendent of education or city superintendent of schools
for each exception of rule(s) published in the Alabama State Board of
Education, State Department of Education Administrative Code.
(b) To study such exception request(s)
especially how such exception(s) might improve student achievement, and
encourage innovation, experimentation and risk taking in the public school(s)
of Alabama.
(c) To grant such
request(s) for exception(s), received in accordance with Alabama Administrative
Code r. 290-010-010-.10.1(1)(a) through (b), of Alabama Administrative Code
rule(s) published in the Alabama State Board of Education, State Department of
Education Administrative Code.
(d)
To grant exception(s) for periods of one, two or three years.
(2) Effective July 1, 1992, the
State Superintendent of Education shall report on a monthly basis to the
Alabama State Board of Education:
(a) The
number and nature of requests received before taking any action.
(3) The following procedure shall
be used for granting exception(s):
(a) When
the Department receives an exception request, the request is reviewed by the
Assistant Superintendent of the program the request affects and sent to each
State Board member.
(b) The
Assistant Superintendent shall make a recommendation concerning the request to
a review panel. The review panel's members shall be the Assistant
Superintendent for Instructional Services, the Assistant Superintendent for
General Administrative Services and the Assistant Director for Administrative
and Financial Services.
(c) The
review panel shall make an appropriate recommendation to the State
Superintendent.
(d) Board members
must present questions to the State Superintendent concerning exception
request(s) within seven days of their receipt of the request. If a Board member
wants the request acted upon by the Board, the request shall be placed on the
agenda for the following Board meeting. Otherwise, the State Superintendent
will make the final decision regarding the request.
(e) The State Superintendent shall send all
Board members a summary of all requests, and the action taken, on a quarterly
basis or at a Board member's request.
(4) Requests will not be granted for
exceptions to: state and federal laws; regulations governing the expenditures
of funds; safety requirements; civil rights requirements; or prohibitions in
Alabama Administrative Code r.
290-040-040-.02
of certain teaching techniques. Requests shall not be granted for
administrative convenience, although reduction of excessive paperwork and the
elimination of duplication in reporting are desired goals.
(5) The process of granting exceptions will
in no way violate the policy-making responsibilities of the State Legislature,
the State Board of Education and local boards of education.
Author: Ashley H. Hamlett, Sec. Administrative
Code
Statutory Authority:
Code of Ala.
1975, §§
16-3-11 through
13, as amended.
