| 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 district’s 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 |