C.R.S. Section 22-2-117
Additional power

  • state board
  • waiver of requirements
  • rules

(1)

Intentionally left blank —Ed.

(a)

Upon application of the board of education of any school district, the state board, except as prohibited in paragraph (b) of this subsection (1), may waive any of the requirements imposed by this title or by rule promulgated by the state board. The state board shall grant the waiver if it determines that it would enhance educational opportunity and quality within the school district and that the costs to the school district of complying with the requirements for which the waiver is requested significantly limit educational opportunity within the school district. Any school district board of education that applies for a waiver pursuant to this section shall specify in such application the manner in which it shall comply with the intent of the waived rules or statutes and shall be accountable to the state board for such compliance.

(b)

The state board shall not waive any of the requirements specified in any of the following statutory provisions:

(I)

The “Public School Finance Act of 1994”, article 54 of this title;

(II)

The “Exceptional Children’s Educational Act”, article 20 of this title;

(III)

Any provision of part 5 of article 11 of this title pertaining to the data necessary for performance reports;

(IV)

Any provision of this title 22 that relates to fingerprinting and criminal history record checks of educators and school personnel;

(V)

The “Children’s Internet Protection Act”, article 87 of this title 22;

(VI)

The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305;

(VII)

Any provisions of section 22-1-130 relating to notification to parents of alleged criminal conduct by school district employees;

(VIII)

Section 22-33-106.1 concerning suspension and expulsion of students in preschool through second grade;

(IX)

Any provisions of section 22-1-128 relating to comprehensive human sexuality education content requirements; or

(X)

Any provision of section 22-30.5-104 (3), 22-30.5-507 (3), 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1) relating to discrimination based on hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

(c)

A principal of a public school may initiate a request for a waiver pursuant to this section and shall submit such request to the superintendent and the board of education of the school district in which the public school is located. Such waiver, if granted, shall be limited in application to the public school, unless otherwise designated by the school district. The school district may choose either to adopt such request and apply to the state board for a waiver pursuant to this section or not adopt such request.

(d)

In addition to any requirements for a waiver application that are specified in this subsection (1), any application submitted by a school district that has a funded pupil count, as defined in section 22-54-103 (7), of three thousand or more pupils shall demonstrate that such application has the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district.

(1.5)

Notwithstanding any provision of this section or any other provision of law, the state board shall not waive requirements contained in article 11 of this title or sections 22-7-1006.3, 22-32-105, 22-32-109 (1)(bb)(I) and (2), 22-32-109.1 (2)(a), 22-32-146, and 22-33-104 (4).

(2)

Prior to submitting an application for a waiver as provided in subsection (1) of this section, a school district board of education, in a public meeting including a public hearing, shall adopt a resolution stating the board’s intent to apply for a waiver and specifying the statutes and rules for which the board will request waivers. The school district board of education shall post notice of such public meeting in three public places within the district for a period of not less than thirty calendar days prior to such meeting, giving the time and location of such meeting and a description of the waiver request, and, if a newspaper is published within the county, shall publish such notice once each week for at least four weeks prior to the meeting in such newspaper. At least sixty days prior to such public meeting and hearing, the school district board of education shall meet with the school district accountability committee to consult with the committee concerning the intent to seek the waiver.

(3)

Intentionally left blank —Ed.

(a)

Any waiver made pursuant to the provisions of this section shall continue until such time as:

(I)

The school district board of education that holds the waiver by resolution requests revocation of the waiver; or

(II)

The state board receives evidence that constitutes good and just cause for revocation of the waiver, as determined by the state board.

(b)

The state board may revoke a waiver granted pursuant to this section only by action taken in a public meeting and hearing.

(4)

The provisions of this section shall not apply to any waiver requested by a charter school pursuant to sections 22-30.5-104 (6) and 22-30.5-105 (3). Waiver requests by a charter school shall be governed by the provisions of said sections.

(5)

The state board shall promulgate such rules as are necessary to implement the provisions of this section regarding the waiver application process.

(6)

Notwithstanding any provision of this section to the contrary, a school district that has been granted by the state board exclusive authority to charter schools within its geographic boundaries pursuant to section 22-30.5-504 shall not be required to demonstrate that it has obtained the consent of a majority of the appropriate accountability committee, a majority of the affected licensed administrators, and a majority of the teachers of the affected school or district in order to apply for a waiver of any of the requirements imposed by this title or by rule promulgated by the state board; except that such consent shall be required for an application for a waiver from any provisions of article 9 or articles 60.5 to 64 of this title.

Source: Section 22-2-117 — Additional power - state board - waiver of requirements - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑2‑101
Short title
22‑2‑102
Definitions
22‑2‑103
Department of education
22‑2‑104
Offices and positions - nature
22‑2‑105
State board of education - composition
22‑2‑105.5
State board of education - definitions - vacancies - procedure for filling
22‑2‑106
State board - duties - rules
22‑2‑106.5
State board - duties with regard to student data - memorandum of understanding
22‑2‑107
State board - power
22‑2‑108
Federal financial assistance
22‑2‑109
State board of education - additional duties - teacher standards - principal standards - rules
22‑2‑110
Commissioner of education - oath - qualifications - tenure
22‑2‑111
Commissioner of education - office - records - confidential nature
22‑2‑112
Commissioner - duties - report - legislative declaration
22‑2‑113
Commissioner - powers
22‑2‑113.8
Department of education - additional local revenues - distribution to schools - annual report
22‑2‑114.1
Dropout rates - collection of data on grades seven through twelve
22‑2‑116
Additional power - waiver of reporting requirements - review of reporting requirements
22‑2‑116.5
Department of education - student-level course completion data
22‑2‑117
Additional power - state board - waiver of requirements - rules
22‑2‑119
Department of education - inquiries concerning prospective employees - background investigation fee
22‑2‑119.3
Department of education - educator preparation program students - record check - fee - definitions
22‑2‑119.5
Department of education - duty to report - convictions
22‑2‑122
Grants to schools and school districts
22‑2‑122.5
COVID-19 learning impacts - extended learning opportunities - funding - combined application, reporting, and evaluation process - rules - legislative declaration - definitions - repeal
22‑2‑125
Loan program for capital improvements in growth school districts - use of public school fund
22‑2‑127
Financial literacy - resource bank - technical assistance - definitions - appropriation - repeal
22‑2‑127.1
Stipends for financial aid training - definitions - appropriation - repeal
22‑2‑127.3
Holocaust and genocide studies - resource bank - technical assistance - definitions
22‑2‑127.5
Computer science programs - resource bank
22‑2‑127.7
Marijuana education materials - resource bank - technical assistance
22‑2‑127.9
Mental health education literacy - resource bank - technical assistance
22‑2‑128
Department of education - reciprocal agreements with adjacent states - report
22‑2‑129
Department of education - approved supplemental education services providers - list
22‑2‑130
Supplemental online education grant program - legislative declaration - definitions - creation - eligibility - award - fund
22‑2‑132
Department of education - career and technical education authorization - rules
22‑2‑133
Assessment and identification of students with literacy challenges including dyslexia - training and technical assistance - collaboration with higher education - report
22‑2‑135
Food allergy and anaphylaxis management - rules
22‑2‑136
Additional duty - state board - individual career and academic plans - standards - rules
22‑2‑137
State schools - legislative declaration - feasibility study - authority to contract - funding
22‑2‑138
State environmental education plan - fund created
22‑2‑139
Memorandum of understanding - notification of risk - rules
22‑2‑141
Early literacy assessment tool - request for proposals - software - hardware - training - distribution - legislative declaration
22‑2‑144
Bullying prevention and education policies - short title - study
22‑2‑145
Media literacy - committee - report - strategic plan - resource bank - definition - rules
22‑2‑146
Department of education - COVID-19-related education loss - strategies - resources - report - legislative declaration
22‑2‑146.5
Department of education - improving mathematics outcomes - training and technical assistance - report - definitions
22‑2‑146.6
Colorado academic accelerator grant program - report - rules - definitions
22‑2‑147
Menstrual hygiene products accessibility grant program - eligibility - rules - report - definitions
22‑2‑148
Secondary school student substance use - committee - definitions - repeal
22‑2‑301
Short title
22‑2‑302
Legislative declaration
22‑2‑303
Definitions
22‑2‑304
Education data advisory committee - creation - duties - approval
22‑2‑305
Data dictionary - legislative declaration - creation - contents - report
22‑2‑306
Advance notice - legislative declaration - data collection - data submission changes - website update - submission windows
22‑2‑307
Data reporting requirements - interpretation of federal law - suspension
22‑2‑308
Data reporting requirements - office of legislative legal services
22‑2‑401
Legislative declaration
22‑2‑402
Definitions
22‑2‑403
Office of facility schools - created
22‑2‑404
Facility schools board - created - membership
22‑2‑405
Facility schools office - duties
22‑2‑406
Facility schools board duties - curriculum - graduation standards - report - rules
22‑2‑407
List of approved facility schools - application - criteria - rules
22‑2‑407.5
Facility schools - sustainable model of education for facility students - work group - created - membership - duties - reporting requirements - funding
22‑2‑408
Approved facility schools - funding
22‑2‑409
Notification of risk
22‑2‑410
Administration - licensing - reports
22‑2‑411
Shared operational services grant program - creation - report - rules - definitions - repeal
22‑2‑412
Technical assistance center - creation - definitions
22‑2‑501
Legislative declaration
22‑2‑502
Definitions
22‑2‑503
Teaching and learning conditions survey
22‑2‑504
National certification compensation - definition - study
22‑2‑505
Minority teacher recruitment - short title - legislative declaration - study - report
Green check means up to date. Up to date

Current through Fall 2024

§ 22-2-117’s source at colorado​.gov