R277. Education, Administration.R277-121. Board Waiver of Administrative Rules.
R277-121-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and
(c) Section 53G-7-202, which allows the Board to grant an LEA's request for a waiver from a Board rule.
(2) The purpose of this rule is to establish procedures for an LEA to request a waiver from a Board rule.
R277-121-2. Procedures for Waiver Requests.
(1) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.
(2) An LEA board may not request a waiver from a Board rule that is required by or adopts criteria from a federal statute, federal regulation, or state law.
(3) An LEA's written waiver request shall include how the waiver will support the learning environment and lead to educational excellence, and;
(4) Any other additional information that the LEA believes the Board would find helpful to make an informed decision regarding the waiver.
(5) Except for a request for a waiver due to snow, inclement weather, or other emergency school closure described in Section R277-121-5, a written request under Subsection (1)(a) shall include:
(a) verification that the LEA board voted to request the waiver in an open meeting, with the results of the waiver request.
(b) data, if applicable, that support the requested waiver, which shall include:
(i) student achievement data;
(ii) community, staff, and student survey data;
(iii) student enrollment data;
(iv) data demonstrating the cost effectiveness of the waiver request;
(c) a proposed agreement with the Board that includes:
(i) a proposed effective date;
(ii) provisions for public review and accountability;
(iii) data gathering and reporting timelines; and
(iv) a sunset date; and
(d) in the case of a charter school, a recommendation from the board of the school's authorizer.
(6) If an LEA seeks a waiver as outlined in Section R277-121-2 for a 4-day school week, the LEA shall:
(a) hold at least two open and public meetings, held separately from regular board meetings, to engage with stakeholders regarding the waiver request.
(i) At least one of the meetings shall be held before a vote is taken to apply for the waiver, during which the LEA or public school shall:
(A) explain the rationale for seeking the waiver; and
(B) listen to stakeholder concerns; and
(ii) At least one of the meetings shall be held after the decision to apply for the waiver but before the submission of the application, during which the LEA or public school shall:
(A) explain the waiver process; and
(B) describe plans to address stakeholder concerns.
(iii) Meetings described in this section may be held electronically.
(b) Certify that the LEA or public school notified affected school community councils and principals about the potential waiver before holding a vote to apply for the waiver.
(6) An LEA or public school applying for a waiver shall submit the waiver or waiver renewal, as described in Subsection R277-121-4(1), for the 4-day school week to the Board by April 10 of the school year prior to the proposed change.
R277-121-3. Board Review of Waiver Requests.
(1) The Superintendent shall:
(a) review an LEA's waiver request; and
(b) may provide a recommendation to the Board.
(2) The Board Executive Committee may assign a waiver request made under this Rule R277-121 to a Board standing committee.
(3) The standing committee assigned in accordance with Subsection (2):
(a) may solicit additional information or testimony;
(b) shall review the request in an open meeting; and
(c) shall make a recommendation for consideration by the full Board.
(4) The Board Executive Committee may consolidate consideration of duplicate or similar requests.
