K.A.R. 91-31-42 --- Waiver
(a) Any school may request a waiver from one or more accreditation requirements imposed by the state board. Each request for a waiver shall meet the following requirements:
(1) The school shall make the request, in writing, to the commissioner of education.
(2) The chief administrative officer of the school shall sign the request. If the request is by a public school, both the superintendent and the president of the local school board shall sign the request.
(3) In the request, the school shall state the specific requirement or requirements for which the school is requesting a waiver and shall indicate how the granting of the waiver would enhance improvement at the school.
(b) Within 30 days after the receipt of a request for a waiver, a recommendation shall be made by the commissioner of education to the state board to either grant or deny the request.
(c) The request and the recommendation from the commissioner of education shall be considered by the board and the final decision on whether to grant or deny the request shall be made by the state board.
This regulation shall be effective on and after July 1, 2005
(Authorized by and implementing Article 6, Section 2(a) of the Kansas Constitution; effective July 1, 2005.)
School’s process for making a waiver application
(1) Obtain waiver request form from the Kansas State Department of Education.
(This form can be downloaded from the KSDE website).
(2) Make a written request for waiver by completing the request form, being sure to:
§ Cite the pertinent regulation(s) for which the school is requesting a waiver.
§ Indicate how the granting of the waiver would enhance school improvement.
§ Include the signature of the school’s chief administrative officer (i.e. principal). A public school shall include the signature of both the district superintendent and the president of the local school board.
§ Describe the program or practice requiring a waiver of regulation.
§ Indicate the time line which will apply to the requested waiver.
§ State justification for the proposed program or practice based upon QPA outcomes and/or student performance data, including pertinent baseline data.
§ Describe the criteria for assessing effectiveness/success of the program or practice in terms of student performance.
§ If the request is a renewal application, present evidence that the program met or moved toward the expected outcomes as described in the initial waiver application.
(3) Submit the written waiver request to the Commissioner of Education.
KSDE / SIATeam process for handling a waiver request
(1) The school’s waiver request is received at the KSDE. Licensure waiver applications are forwarded to Licensed School Personnel (i.e. Beth Fultz). Applications directly relating to Quality Performance Accreditation are forwarded to the SIAT waiver contact (Janet Loebel.)
(2) A communication (letter or email) is sent to the requesting school which acknowledges receipt of the waiver application and provides the expected date for when the waiver request will be on the State Board’s action agenda. (In the review process, should additional clarifying information be needed from the school, this expected date could change.)
(3) The SIAT waiver contact reviews the application for completeness and consults with KSDE legal staff and other KSDE staff as necessary to make a determination of whether or not a waiver is required in order to proceed with the described program.
(4) If additional information is needed, the waiver application is sent back to the school.
(5) Within 30 days after the receipt of the request for waiver, or after receipt of the clarifying information, the Commissioner of Education is to make a recommendation to the State Board to either grant or deny the request. This is accomplished through initiating an electronic submittal of KSBE materials (i.e. the "Request and Recommendation for Board Action" form.)
(6) The SIAT waiver contact is responsible for initiating the KSDE electronic approval process. This is accomplished by completing the electronic "Request and Recommendation for Board Action" form, which includes:
· Item Title
· Board Goal and Objective
· Recommended Motion
· Explanation of Situation Requiring Action
(7) The electronic approval process entails review and approval by:
Deputy or Assistant Commissioner
(8) The Kansas State Board of Education makes the final decision on whether to grant or deny the request for waiver.
(9) The school (principal) receives written notification of the action taken by the KSBE on their waiver request (cc’s of this notification go to the USD superintendent, the KSDE/QPA school contact, the SIAT data control tech (B. Phillips), and the Central QPA File.)