Application for KESA Regulation Waiver

K.A.R. 91-31-42 --- WAIVER

(a) Any education system 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 education system shall submit the request, in writing, to the commissioner.

(2) The chief administrative officer of the education system shall sign the request. If the request is made by a public education system, both the superintendent and the president of the governing body shall sign the request.

(3) In the request, the education system shall state each specific requirement for which the education system is requesting a waiver and shall indicate how the granting of the waiver would enhance improvement in the education system.

(b) Within 30 days after the receipt of a request for a waiver, a recommendation shall be made by the commissioner to the state board either to grant or to deny the request. The commissioner may consider information in addition to that which is provided in the request.

(c) The request and the recommendation from the commissioner shall be considered by the state board, and the final decision on whether to grant or deny the request shall be made by the state board.

(Authorized by and implementing Article 6, Section 2(a) of the Kansas Constitution and K.S.A. 2019 Supp. 72-5170; effective July 1, 2005; amended Oct. 8, 2021.)

SCHOOL'S PROCESS FOR MAKING A WAIVER APPLICATION
1. School principal/head of school must complete the online application-for-waiver form: https://www.surveymonkey.com/r/KSaccreditationwaiver. 

• TO BE COMPLETED IN ONE SITTING.
• Information you'll need:
  • The pertinent regulation(s) for which the school is requesting a waiver.
  • Indicate how the granting of the waiver would enhance school improvement.
  • Describe the program or practice requiring a waiver of regulation.
  • 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.
  • Name, email address, and phone number for local BOE (or governing board) president and USD superintendent or head of private system.

2. School principal/head of school must send an email to accreditation@ksde.org to achieve KSDE staff awareness and approval of application for waiver.
 
KSDE/SIA TEAM PROCESS FOR HANDLING A WAIVER REQUEST
1. KSDE accreditation staff will verify superintendent and BOE president approval.
2. A communication is sent to the requesting school acknowledging KSDE's receipt of the waiver application and providing 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. Accreditation staff 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 submission of KSBE materials (i.e. the "Request and Recommendation for Board Action" form.)
6. The Kansas State Board of Education makes the final decision on whether to grant or deny the request for waiver.
7. The school (principal) receives written notification of the action taken by the KSBE on the waiver request. The school's USD superintendent is cc'd on this notification.