Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-1
Subject 160-1-3 - RULES OF GENERAL APPLICABILITY
Rule 160-1-3-.02 - Suspension of Rules and Laws (Waiver)
Universal Citation: GA Rules and Regs r 160-1-3-.02
Current through Rules and Regulations filed through September 23, 2024
(1) DEFINITIONS.
(a) Substantial Hardship - a significant,
unique, and demonstrable economic, technological, legal, or other type of
deprivation to an individual or local education agency (LEA) requesting a
variance or waiver which impairs the ability of the individual to continue
successfully in meeting the requirements of an educational program or of the
LEA to provide educational programs and services to its students.
(b) Individual Waiver - a decision not to
apply all or part of a state rule to an individual who is subject to the
rule.
(c) System Waiver - a
decision not to apply a state rule or law to an LEA that is subject to the
state rule or law.
(d) Variance - a
decision by an agency to grant a modification to all or part of the literal
requirements of a state rule to an LEA or to an individual who is subject to
the rule.
(2) REQUIREMENTS.
(a) The state board may
defer action on a request until such time as all members have had reasonable
opportunity to consider the request.
(b) For any request for waiver or variance of
a state board rule or law, additional information or supporting documentation
may be requested by the state school superintendent or designee prior to the
waiver or variance request being submitted to the state board.
(3) TYPES OF WAIVER REQUESTS.
(a)
ADMINISTRATIVE/FACILITY WAIVER REQUEST. For those situations when
an application of rules can lead to substantial hardship for a local board of
education, the local board of education may request a variance or waiver of a
rule by submitting to the state school superintendent a local board resolution
that specifies the following.
1. The rule
from which the variance or waiver is requested
2. The type of action requested
3. The specific facts of substantial hardship
which would justify a variance or waiver for the petitioner
4. The alternative standards which the local
board seeking the variance or waiver agrees to meet and a showing that such
alternative standards will afford adequate protection for the public health,
safety, and welfare
5. The reason
why the variance or waiver requested would serve the purpose of the underlying
statute.
(b)
INDIVIDUAL STUDENT WAIVER REQUEST. Any student or parent(s) or guardian
acting on behalf of a student may request a waiver or variance of any rule
requirement affecting the student. Requests shall be filed with the local
school superintendent for transmittal to the state school superintendent.
1. The request shall specify the following.
(i) The type of action requested, whether a
variance or a waiver;
(ii) The
rule(s) and requirement(s) being waived or varied, including the specific
provisions and wording;
(iii) The
specific facts which would justify a variance or waiver for the
petitioner;
(iv) What will be
accomplished in lieu of the rule requirement(s);
(v) The reason why the variance or waiver
requested would serve the purpose of the underlying requirement; and
(vi) Permission for department staff to
receive all student records - including special education records - pertinent
to the request and to discuss records with school personnel.
2. Within three weeks of receipt
of such a request, the local school superintendent shall submit - along with a
copy of the request from the student, parent(s), or guardian - the following
records to the department.
(i) School records,
including official student transcript, current schedule/status of the student,
attendance records, program of study, pertinent testing data, and remediation
activities
(ii) Minutes of student
support team (SST) meeting(s) and action plans, if any
(iii) Individual Accommodation Plan (SST or
504, if any)
(iv) Special education
records, including evaluation reports, eligibility reports, legible
individualized education programs, classroom and test modifications that have
been implemented
(v) A statement
setting forth the superintendent's or local board's position with respect to
the request, and
(vi) Any other
information relevant to the request.
3. Appendix A, Contents Checklist for
Student Waiver Requests, shall be completed and submitted as a cover
page to the request. The checklist shall also be used for those waiver requests
submitted in accordance with Rule
160-1-3-.09 Waivers of High School
Graduation Assessments.
(c) INSTRUCTIONAL PROGRAM REQUEST.
A LUA implementing an instructional program that may require a waiver of
state board rule and/or requirement(s) shall submit the request in writing
along with the Instructional Program Waiver Request
Checklist (Appendix B) to the state school superintendent.
Such written request shall include the following information.
1. A resolution adopted by the local board of
education which specifies
(i) The rule(s) from
which the local board is requesting a waiver, including the specific provisions
and wording that are to be waived;
(ii) What is requested in lieu of rule
requirement(s);
(iii) Duration of
the waiver with the beginning date noted. Waivers may be requested for up to
three years.
2. A
description of the proposed activity which addresses
(i) Goals and objectives of the proposed
modification
(ii) Rationale for the
modification and how this modification fits into the school or system's overall
improvement plan(s)
(iii) Predicted
impact of the activity on students, teachers, and the school community. Include
the number of students impacted
(iv) Staff development activities for
teachers (if applicable)
(v)
Evaluation plan with the following components
(I) The specific question(s) to be answered
by the evaluation. These questions shall reflect the stated goals/objectives of
the waiver.
(II) Data to be
collected in response to each question. These may include improved test scores,
lower dropout and/or retention rates, increased parent participation,
etc.
(III) The method(s) of data
collection, including a description or copies of instruments to be used (unless
these are nationally/state validated tests or other instruments readily
available to the waiver review staff).
(IV) Data describing current conditions that
the waiver is expected to change. For example, current test scores, dropout
and/or retention rates or present parent participation.
(V) Criteria for determining the success of
the waiver implementation. That is, how much improvement or change is expected
in order to consider the activity a success by the end of the waiver
period?
(VI) An evaluation time
line, including the submission of annual reports to the department.
3. To continue a
program under waivers, the local board of education shall submit by local board
resolution a request for renewal to the state school superintendent.
(i) The resolution shall include the rule and
specific provisions that are to be waived and the duration of the waiver
request.
(ii) Evaluation data shall
reflect the achievement toward the program's goals and objectives from the
beginning of the program's implementation.
(d)
WAIVERS TO IMPROVE STUDENT
PERFORMANCE. Local school systems may apply to the State Board of
Education for system waivers of specifically identified state law, rules,
regulations, policies, and procedures upon the request of a local school board
and in accordance with O.G.C.A. §
20-2-244.
1. The goal for each system waiver shall be
the improvement of student performance.
2. The State Board of Education shall not
waive any federal, state, and local rules, regulations, court orders, and
statutes relating to civil rights; insurance; the protection of the physical
health and safety of school students, employees, and visitors; conflicting
interest transactions; the prevention of unlawful conduct; any laws relating to
unlawful conduct in or near a public school; or any reporting requirements
pursuant to O.G.C.A. §
20-2-320 of Chapter 14 of Title
20.
3. A local school system that
has received a system waiver shall remain subject to the provisions of Part 3
of Article 2 of Chapter 14 of Title 20, the requirement that it shall not
charge tuition or fees to its students except as may be authorized for local
boards by O.G.C.A. §
20-2-133, and shall remain open to
enrollment in the same manner as before the waiver request.
4. The provisions of this Code section shall
not apply to charter schools.
5.
The State Board of Education shall require the submission of a written
application for a waiver that shall include, at a minimum:
(a) Identification of the specific state law,
rules, regulations, policies, and procedures, or provisions of this chapter
that the LEA is requesting to waive;
(b) A description of the policies and
procedures the school or school system shall substitute for the waived state
law, rules, regulations, policies, and procedures, or provisions;
(c) A description of how the proposed system
waiver will improve student performance;
(d) A description of the students who will be
affected by the proposed system waiver, including their estimated number,
current performance, grade level, and any common demographic traits;
(e) A list of schools by name that will be
affected by the proposed system waiver, and a description of each school,
including current performance, grade levels, and demographic traits of the
students of each such school;
(f)
Methods for collection of data, and for measuring and evaluating any change in
student performance resulting from the proposed system waiver;
(g) The period of time for which the proposed
system waiver is requested and the proposed starting date; and
(h) A resolution from the local school board
approving the system waiver request.
6. The State Board of Education may grant or
deny a system waiver request, or grant a system waiver request subject to
specified modifications in the waiver request.
7. A system waiver may be granted in
accordance with this section for any period of time not to exceed five years.
The State Board of Education shall require reports from local school systems
receiving system waivers under this section regarding the effect of the system
waiver at least annually, and may require more frequent reports if necessary to
monitor the effect of the system waiver.
8. The State Board of Education may repeal a
system waiver at any time if a system is not meeting the student achievement
goals associated with the student achievement waiver.
9. The State Board of Education shall report
annually to the General Assembly regarding the system waivers granted, the
effect of each waiver, and any recommendations for legislative changes
generated by successful waivers.
(e)
WAIVERS OF CLASS SIZE REQUIREMENTS.
In accordance with the provisions set forth in O.C.G.A. §
20-2-182, after the first FTE
count of a school year, local school systems may apply to the State Board of
Education for a system waiver to
160-5-1-.08 Class Size by submitting
a written application for a waiver that shall include, at a minimum:
1. A description of the students who will be
affected by the proposed waiver, including school names, grade level and/or
courses, and estimated number of students;
2. The maximum individual class size for K-8
regular education courses, or maximum system average for grades 9-12 regular
education courses;
3. Documentation
of the facts precipitating the need for the waiver request.
4. The specific larger number being
requested;
(i) The State Board of Education
may approve the request only in the limited circumstances where educationally
justified and where an act of God or other unforeseen event led to the
precipitous rise in enrollment within that system, or led to another occurrence
which resulted in the local board's inability to comply with the maximum class
size requirement.
Appendix A:
CONTENTS CHECKLIST FOR STUDENT WAIVER
REQUESTS
STUDENT: _______________________________________
SCHOOL: _____________________ SYSTEM: _____________________
Please check the following items that are included in the packet of information.
_____ Student Identification, including name, address, date of birth, parents' names
_____ Superintendent's Recommendation
_____ Petitioner's request
_____ rule/requirement being waived
_____ justification/rationale
_____ offered in lieu of requirement
_____ how waiver will serve purpose of requirement
_____ permission for staff to review and discuss records
_____ School Records
_____ official student transcript
_____ current schedule/status
_____ program of study
_____ attendance records
_____ Individual Score Reports on all GHSGT
_____ Student Support Records
_____ Accommodations in general curriculum (if any)
_____ Individual Accommodation Plan (SST or 504)
_____ Special Education Records (if applicable)
_____ evaluation reports (including language/speech, assistive technology, etc., as appropriate)
_____ eligibility reports
_____ individual education plans (last 3 years including current and transition plan)
_____ classroom modifications
_____ test modifications
_____ Remediation activities
_____ offered by school
_____ participation by student
Appendix B
INSTRUCTIONAL PROGRAM WAIVER REQUEST
CHECKLIST
SCHOOL SYSTEM: ___________________________________________
SCHOOL (IF APPROPRIATE): _________________________________
CONTACT PERSON: __________________________________________
TELEPHONE: ____________________FAX: _______________________
E-MAIL ADDRESS: ___________________________________________
Please check the following items that are included in the packet of information.
_____ Resolution of Local Board of Education
_____ rule/requirement being waived
_____ offered in lieu of requirement
_____ duration of waiver
_____ Description of Proposed Activity
_____ goals and objectives
_____ rationale for modification
_____ impact on students, teachers, and school community
_____ staff development
_____ evaluation plan
_____ questions to be answered
_____ data to be collected
_____ method(s) of data collection
_____ data describing current conditions
_____ criteria for determining success
_____ evaluation timeline
_______________________________ ______________________________
Contact Person's Signature Superintendent's Signature
_______________________________ _____________________________
Date
O.C.G.A. Secs. 20-2-240, 20-2-244, 50-13-9.1.
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