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CHAPTER 24:43:08

 

WAIVER OF CERTAIN ADMINISTRATIVE RULES AND DEPARTMENT OF EDUCATION POLICIES

Section

24:43:08:01        Waiver of certain administrative rules and Department of Education policies.

24:43:08:02        Eligibility for waiver.

24:43:08:03        Application for waiver.

24:43:08:04        Application timelines.

24:43:08:05        Term of waiver.

24:43:08:06        Approval of waiver.

24:43:08:07        Appeal to South Dakota Board of Education.

24:43:08:08        Evaluation of waiver.

24:43:08:09        Multiple waivers.

24:43:08:10        Secretary's authority to grant waivers limited.

24:43:08:11        Annual report to South Dakota Board of Education of waivers granted.

24:43:08:12        Adding waived course credits to high school transcripts.


          24:43:08:01.  Waiver of certain administrative rules and Department of Education policies. The secretary of education may waive compliance of one or more administrative rules or Department of Education policies when requested by a public school district or approved nonpublic school.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 13-3-47, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:02.  Eligibility for waiver. The school board of an accredited school district may seek a waiver of one or more administrative rules or policies on behalf of a school within its jurisdiction to better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The governing body of an approved nonpublic school or specialized nonpublic educational program may seek a waiver of one or more administrative rules or policies on behalf of the approved school or program.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 1-45-13, 13-3-47, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:03.  Application for waiver. An application for a waiver shall be made using a form provided by the Department of Education. The form shall require the district to specify the administrative rule or policy for which the waiver is sought and the school that will implement the waiver; the form shall include a detailed description of the waiver and its effect on student learning, the reasons for requesting the waiver, the expected outcomes if the waiver is granted, an explanation of how the intent of the standard to be waived will be met if the waiver is granted, and a detailed description of the plan for evaluating the effectiveness of the waiver in achieving the outcomes specified in the application and contributing to the school's continual improvement. The plan for evaluating the waiver shall become a part of the annual review of a public school district's approved five-year district improvement plan as required by § 24:43:02:03.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 1-45-13, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:04.  Application timelines. An approved waiver shall take effect at the beginning of the next school fiscal year on July 1. The department must receive an application for a waiver at least 60 days prior to the start of a new school fiscal year July 1. A district may petition the secretary for consideration of an alternate effective date that is at least 60 days after the department receives its application for a waiver. The secretary shall consider the quality of the application and the extent of its intended outcomes on student learning and enhancement of student opportunity in determining whether to grant the alternate effective date for an approved waiver.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 13-3-1.4, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:05.  Term of waiver. Unless the application requests a shorter term, an approved waiver will remain in effect for five years from the start date of July 1 or the alternate start date set by the secretary according to § 24:43:08:03. Before March 1 of the year the term of the waiver expires, the school district or nonpublic governing body may request and be granted approval of the same waiver for a period of up to five additional years if it can be demonstrated that the school or program is meeting the objectives for which the waiver was granted.

 

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.

          General Authority: SDCL 13-3-1.4, 13-5-34.

          Law Implemented: SDCL 13-5-34.

 


          24:43:08:06.  Approval of waiver. The secretary of education may approve the requested waiver if the plan will better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The secretary shall reject the waiver if analysis indicates that the plan and requested waiver will not better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The secretary will make a final determination on the district's request for a waiver within 60 days of its receipt by the department. The district will be informed in writing of the approval or disapproval of its request for a waiver; the letter will state the reason for disapproval.

 

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 13-3-1.4, 13-5-34.

          Law Implemented: SDCL 13-5-34.

 


          24:43:08:07.  Appeal to South Dakota Board of Education. If a request for a waiver by a board of education of a public school district is disapproved by the secretary of education, the board may appeal to the South Dakota Board of Education within 30 days of receipt of the letter of disapproval, according to the contested case hearing procedures set forth in SDCL chapter 1-26.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 1-45-13, 13-3-1.4, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:08.  Evaluation of waiver. A school district or nonpublic school or program that has been granted a waiver shall implement its plan for evaluation of the waiver as required by § 24:43:08:02. A public school district that has been granted a waiver shall include a report of the waiver evaluation in its annual review of its approved five-year district improvement plan as required by § 24:43:02:01.

 

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.

          General Authority: SDCL 1-45-13, 13-5-34.

          Law Implemented: SDCL 13-5-34.

 


          24:43:08:09.  Multiple waivers. A school district or nonpublic school or program may submit multiple applications for waivers of accreditation standards; each application will specify the waiver being sought and the school that will implement the waiver, if granted. The provisions of §§ 24:43:08:01 to 24:43:08:06, inclusive, will apply to each waiver requested.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 1-45-13, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:10.  Secretary's authority to grant waivers limited. The secretary of education may not waive a state statute. The secretary may waive an administrative rule promulgated by the Department of Education or the South Dakota Board of Education, unless the language of the rule prevents waiving. The secretary may waive established Department of Education policy and procedure.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 13-3-47, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:11.  Annual report to South Dakota Board of Education of waivers granted. After July 1, the Department of Education shall annually report to the South Dakota Board of Education the waivers in effect for the current July 1-June 30 school fiscal year. The report shall include the school districts and nonpublic schools or programs that have been granted a waiver, details of the waiver including the administrative rule or department policy that has been waived. The report shall also be made available to the public on the department's website.

          Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.

          General Authority: SDCL 1-45-13, 13-3-1.4, 13-5-34.

          Law Implemented: SDCL 13-5-34.


          24:43:08:12.  Adding waived course credits to high school transcripts. If the department has approved a waiver that allows a school district to teach a high school-level course to students below grade nine, credit for the course shall appear on each student's high school transcript with the unit of credit and a letter grade upon meeting the criteria for passage applied to the high school level. The unit of credit must be included in the credits required for high school graduation and the letter grade must be calculated in the high school cumulative grade point average.

 

          Source: 32 SDR 196, effective May 28, 2006; 33 SDR 236, effective July 5, 2007; 42 SDR 98, effective January 7, 2016.

          General Authority: SDCL 1-45-13, 13-3-47, 13-5-34.

          Law Implemented: SDCL 13-5-34.

 


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