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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2016-00395


CCR details

Tracking Number 2016-00395
Type of Filing Permanent Rule
Department 300 Department of Education
Agency 301 Colorado State Board of Education
CCR Number 1 CCR 301-35
CCR Title RULES FOR THE ADMINISTRATION OF THE WAIVER OF STATUTE AND RULE

Proposed rule

Notice Filed with SOS 08/15/2016
Rule ProposedRuleAttach2016-00395.doc
Additional Information AddInfoAttach2016-00395.doc
Statutory Authority 22-2-106(1) (A) and (C), 22-2-107(1)(C) and 22-2-117, C.R.S.
Description of Subjects/Issues The basis of these rules, adopted by the State Board of Education on (January 11, 1990) is found in 22-2-106(1) (A) and (C), 22-2-107(1)(C) and 22-2-117, C.R.S. The purpose of these amendments is to clarify the process that schools and school districts must follow in order for the State Board of Education to consider waiver requests involving statutes and rules and regulations that have been imposed on schools and school districts.
Purpose/Objective of Rule OLLS recently reviewed the rules and found a minor issue with Section 2.06, which details the sections of state statute that districts cannot waive. Section 22-2-117, C.R.S. specifies those sections of law that are ineligible for waiver, including Section 22-32-109 (2), C.R.S. This section was inadvertently left off of this list in Section 2.06 of the State Board rules. CDE staff has included language to address this issue and align rules with state statute. In addition, H.B. 16-1422 included a provision which prohibited charter schools from automatically waiving the teacher-pupil contact hour requirements under Section 22-32-109(1)(n)(II)(A), C.R.S. As such, the amendments presented in this Rulemaking Hearing remove that statute from the list of automatically waived statutes for all charter schools. Please note that charter schools may still apply for a waiver of this provision through the charter school waiver application process. The changes made in this rulemaking simply align State Board of Education rules with current state statute. A statement on the reason for these amendments can be found in the proposed section 4.07. Finally, department staff suggests revising Section 2.05, which states the State Board of Education will rule on a waiver request by a school district within 90 days of receipt of a complete request for waiver. State statute does not include any such requirement. Moreover, due to the increased number of district waiver requests coming in, 120 day timeline, rather than 90 days, would be sufficient for staff to provide feedback on the districtís replacement plans or for the request to be processed and submitted to the State Board.
Comments NOTE ADDED 09/20/2016: The rulemaking hearing for these rules has been changed from Wednesday, October 12th to Thursday, October 13th. The time will stay the same.
Submitted in response to issues raised by COLS/OLLS? Yes
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number H.B. 16-1422
Hearing Date 10/12/2016
Hearing Time 11:00 AM
Hearing Location Colorado Department of Education, State Board Room 101
Contact Name Elizabeth Cordial
Contact Title Director
Contact Telephone 303-866-6809
Contact email Cordial_e@cde.state.co.us

Adopted rule

Adopted Rules AdoptedRules02016-00395.doc
Redline Redline2016-00395.doc
Adopted Date 10/13/2016
AGO requested date 10/19/2016
Attorney General Opinion 10/31/2016
Colorado Register publication date 11/25/2016
Effective Date 12/15/2016
Inserted into CCR 12/01/2016