ECSheading
From the ECS State Policy Database
Governance--Deregulation/Waivers/Home Rule


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
WVSigned into law 04/2014P-12Innovation School Districts
H.B. 4619
 The purpose of this bill is to authorize eight school districts to be designated as Innovation School Districts through a competitive application process to the state board. Two school systems each may be selected from each of the four student population dens...

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MEBecame law without governor's signature 07/2013P-12Unfunded Education Mandates
S.R. 322
This resolve directs the Commissioner of Education to establish a task force to review the effect of any federal or state unfunded education mandates on school administrative units and career and technical regions in the State and to evaluate the efficacy of c...

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OKSigned into law 05/2013P-12School District Empowerment Program
H.B. 2131
Establishes the School District Empowerment Program. Allows districts to apply for an exemption from all statutory requirements and State
Board of Education rules from which charter schools are exempt. Requires the state board to approve/disapprove within 90 ...

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TNSigned into law 05/2013P-12District Flexibility
S.B. 592
Allows districts identified as high-performing to seek state waivers of certain accountability measures, to explore alternative teacher evaluation systems, and add educational days to the school calendar. Provides that high-performing districts will be identif...

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KSSigned into law 04/2013P-12Accountability Waivers
H.B. 2319
Permits up to 10% of districts to opt out of most state laws, rules, and regulations in order to improve student achievement. Designs application and approval process. The first two districts send applications to governor and legislative education committees. ...

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NMSigned into law 04/2013P-12School District Solvency Flexibility
H.B. 462, S.B. 464
Allows the Secretary of Public Education to continue to waive certain requirements of the Public School Code and rules promulgated in accordance with the code through the 2013-14 school year pertaining to individual class load, teaching load, length of school ...

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ALSigned into law 05/2012P-12School and District Grading, School Awards, Funding Flexibility
H.B. 588
Establishes legislative findings. Directs the state superintendent of education to develop a school grading system for schools and districts, using an A, B, C, D, F framework. In developing the system, directs the superintendent to seek input from specified st...

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ILAdopted 04/2012P-12Waivers Approved
S.J.R. 61
Resolves that all requests for waivers identified in the state board of education's report on Waiver of School Code Mandates, dated March 1, 2012 are approved. http://www.ilga.gov/legislation/97/SJR/PDF/09700SJ0061lv.pdf...

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GASigned into law 04/2012P-12Demonstration Programs
H.B. 706 - Demonstration Programs
Repeals Section 20-2-251, relating to demonstration programs (defined by former statute as a document submitted by the local school system or board of control of a regional educational service agency and approved by the State Board of Education which describes...

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WVSigned into law 03/2012P-12School System Collaborative Innovation Zone
S.B. 371
Allows flexibility within county school systems; authorizes the State Board of Education to select a county school system to serve as a school system collaborative innovation zone; specifying effect of change in school system approval status; providing the pro...

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OHSigned into law 08/2011P-12Innovation Schools
H.B. 153 - Innovation Schools
Permits a school to apply to its district board to be designated as an innovation school. Requires an application to include numerous elements, including a statement of the school's mission and an explanation of how the designation would enhance the school's a...

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ILAdopted 07/2011P-12Appealing a Decision Regarding a Request for an Exemption
23 IL ADC 1.110
Establishes procedures under 105 ILCS 5/22-60 for a school district, private school or district resident to appeal to the state superintendent a regional superintendent's decision regarding a request for an exemption. Pages 164-166 of 413: http://www.cyberdriv...

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OHSigned into law 06/2011P-12Sanctions for the Lowest-Performing Schools
H.B. 153 - Sanctions for the Lowest-Performing Schools
Provides that for any building that is ranked in the lowest 5% of all public school buildings statewide for three consecutive years and is declared to be under an academic watch or in a state of academic emergency, the district board must do one of the followi...

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NJIssued 04/2011P-12Education Transformation Task Force
E.O. 58
Establishes the New Jersey Education Transformation Task Force. Charges the task force with reviewing all current administrative regulations that affect public education, and evaluating them to determine the degree to which they increase the quality of instruc...

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FLSigned into law 07/2010P-12Repeals Deregulated Public Schools Pilot Program
HB 7037 - Sec 29 and 30
Repeals 1003.63, which created the deregulated public schools pilot program. Also repeals subsection (7) of section 1008.345, which allowed schools earning an "A" grade in the state accountability system to receive deregulated status upon the school's request....

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LASigned into law 06/2010P-12School Waivers from Regulations
H.B. 1368
Authorizes the State Board of Elementary and Secondary Education to exempt districts from various laws and regulations pertaining to education; to provide procedures regarding request for and approval of such waivers, including schools within the Recovery Scho...

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ILAdopted 11/2009P-12Public Schools Evaluation, Recognition and Supervision
23 IAC 1.20, .30, .100, .240, .420, .465, .480, .510, .737
Partially from "Notice of Adopted Amendments" in Illinois Register (changes from this rulemaking but not listed below are technical in nature or echo recent changes in legislation):

Section 1.20: Revised to distinguish among the appropriate levels of sign-of...

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GAAdopted 11/2009P-12LEA Contracts for Flexibility and Accountability
GAC 160 -5-1-.33
Renames rule (previously titled "School District Contracts for Flexibility and Accountability to Improve Student Achievement") to "Investing in Educational Excellence (IE2): Local Education Agency Contracts for Flexibility and Accountability". Amends rule, whi...

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OHSigned into law 07/2009P-12Waivers from Financial Requirements
H.B. 1 - Section 3306.40
Authorizes local boards to apply to the state superintendent for waivers from financial provisions established in Chapter 3306, including any applicable expenditure or reporting standard prescribed by rule adopted by statutory requirement, or or a waiver of an...

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OHSigned into law 07/2009P-12Limitation to Waivers
H.B. 1 - Section 3302.05 and 3302.07
Existing law allows waivers from certain state mandates to school districts identified as "excellent" or "effective" under the state accountability system. New provision provides that such districts may not be released from any standard or requirement of Chapt...

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OHAdopted 03/2009P-12Exemptions from Statutes/Rules
OAC 3301-46-01
Authorizes the governing board of any educational service center, or the administrative authority of any chartered nonpublic school to submit an application to the state board for an exemption from specific statutes and/or rules in order to implement a propose...

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OHAdopted 03/2009P-12Innovative Education Pilot Programs
OAC 3301-46-01
Authorizes the governing board of any educational service center or the administrative authority of any chartered nonpublic school to submit an application for exemption from state policies in order to implement a proposed innovative education pilot program. A...

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GASigned into law 04/2008P-12Flexibility in Exchange for Increased Accountability
H.B. 1209
Relates to elementary and secondary education; provides that a local school system may enter into a contract with the state board of education for increased flexibility in exchange for increased accountability; relates to waivers to improve student performance...

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ILSigned into law 08/2007P-12Waiver/Modification of Physical Education Mandate
H.B. 1839
Provides that a state-board approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years and may be renewed no more than 2 times upon application by the eligible applicant. http://www.ilga....

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IASigned into law 04/2007P-12Waivers from Certain Staffing Requirements
S.F. 277 (Section 5 and 8)
Section 5: Strikes and rewrites section 256.11A. Authorizes the board of directors of a school district to file a request by August 1, 2007 for a waiver from the following requirements for the 2007-2008 school year:
a. Apply for a one-year extension of a waiv...

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TNSigned into law 05/2006P-12School District Waivers
H.B. 3172; S.B. 3125
Permits local education agencies to seek waivers from department of education of any rule or statute that inhibits the LEA's ability to achieve its mission; the commissioner may not waive requirements related to:civil rights, health and safety, public records,...

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MSSigned into law 03/2006P-12Exempting Level 4 or 5 Accredited Districts from Certain Requirements
H.B. 1121
Relates to school districts; establishes home rule; exempts Level 4 or 5 accredited districts from certain requirements. Authorizes the State Board of Education to exempt any school district meeting Level 4 or 5 state accreditation standards from any compulsor...

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GAAdopted 10/2005P-12Waiver Requests
GAC 160-1-3-.02
Clarifies rules so that school systems may apply for waivers of certain education law for the purpose of increasing student achievement.
AGENCY CONTACT: Patricia L. Mills, Department of Education, 2052 Twin Towers East, Atlanta, GA 30334, 404- 656-4689, fax 4...

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WVSigned into law 04/2005P-12Local Government Flexibility Act
S.B. 419
Creates a pilot program; cites the Local Government Flexibility Act of 2005; relates to the ability of local government and school districts to request waivers. http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/SB419%20SUB1.htm...

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ILSigned into law 07/2004P-12School Code Waivers
S.B. 3091
Amends the School Code. Allows a joint agreement made up of school districts or a regional superintendent of schools on behalf of schools and programs operated by the regional office of education to apply for a waiver or modification of mandates within the Sch...

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TNSigned into law 05/2003P-12Public Education
S.B. 1024
Allows the Commissioner of Education to authorize up to 16 school systems to operate as alternative education programs which emphasize
school-based decision making. Current law authorizes up to eight school systems to operate such programs. Raises the maximum...

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NMSigned into law 04/2003P-12Waivers for High Performing Schools
S.B. 80
Allows for the waiver of certain requirements for schools that exceed educational standards; waivers may be given for accreditation review, length of school day, individual class load requirement, subject area requirement, graduation requirement, school person...

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NDSigned into law 04/2001P-12Waivers
S.B. 2166
Allows any school or school district to apply to the superintendent of public instruction for a waiver
of any rule governing the accreditation of schools, provided the waiver encourages innovation, has
the potential to result in improved education opportuniti...

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KYSigned into law 03/2000P-12Waivers
H.B. 884
Authorizes the Kentucky Board of Education, at the request of a local school district superintendent, to waive reporting and paperwork requirements upon a finding of good cause, except reports required by federal law or related to health, safety, or civil righ...

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