Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 10 - REGULATIONS AND PROCEDURES FOR THE ACCREDITATION OF SCHOOLS
Section 92-10-013 - Waivers and Plans

Universal Citation: 92 NE Admin Rules and Regs ch 10 ยง 013

Current through March 20, 2024

013.01 School systems, in order to better meet local goals, may submit a request for a waiver of one or more regulations found in Sections 004 through 012.01C of this Chapter. Section 003 and sections identified in Sections 003.04, 004.02A3, 004.03A4, and 004.04B2 of 92 NAC 10 are based on statute and may not be waived. The waiver request must include at least the following:

013.01A A copy of the local improvement plan developed in accordance with Section 009.01A. The plan shall contain local improvement objectives and shall address quality learning, equity, and accountability.

013.01B A description of the program or process to be substituted for the regulation to be waived.

013.01C An explanation indicating how the local program or process will provide equivalent or improved opportunities for students and will accomplish the quality indicator.

013.01D If appropriate, how resources would be reallocated or used differently to provide programs or services.

013.01E Length of time for the requested waiver, not to exceed three years.

013.01F Procedures for providing an annual progress report to the Board.

013.02 The Commissioner will submit the waiver request to the Board with his or her recommendations. The Board may approve the requested waiver if the components of the plan substituted for the waived provisions will promote quality learning, equity, and/or accountability. The Board shall reject the waiver if, in its opinion, the plan and requested waivers would not provide improvement in quality learning, equity, and/or accountability.

013.03 At the end of the waived time period, school systems may request and be granted Board approval of the same waiver for a period of up to three additional years if it can be demonstrated that the system is meeting the objectives for which the waiver was granted.

013.04 The Board recognizes the need for public special purpose school systems, such as schools operated expressly for students with disabilities or schools operating within the confines of correctional facilities. If such a school system can demonstrate that a requirement of this Chapter is not educationally necessary or appropriate for the students in attendance, or is in conflict with state or federal laws or regulations governing facilities operation, the Board may waive such requirement.

013.05 Public school districts which exist in unique circumstances due to population sparsity, geographic barriers, or other similar factors may submit a request to the State Board of Education for a modification of this Chapter to better meet the need of the students. Schools seeking such modification shall submit:

(1) an explanation of the unique circumstances leading to this request,

(2) proposed modifications to better meet the needs of the students in the school,

(3) an explanation of how the modifications will provide quality learning, equity, and accountability,

(4) a copy of the local improvement plan developed in accordance with Section 009.01A, and

(5) procedures for annually reporting to the Commissioner. Upon approval by the Board, the modifications shall remain in effect unless changed by a revision of this Rule or change in status of the school district.

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