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

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 ME Became law without governor's signature 07/2013 P-12 Unfunded 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... More... OK Signed into law 05/2013 P-12 School 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 ... More... TN Signed into law 05/2013 P-12 District 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... More... KS Signed into law 04/2013 P-12 Accountability 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. ... More... NM Signed into law 04/2013 P-12 School District Solvency Flexibility H.B. 462, S.B. 464 From bill analysis: Amends the public school code to extend through school year 2013-2014 and school year 2014-2015 a temporary provision that allows the secretary of public education to waive requirements relating to individual class and teaching load, length... More... AL Signed into law 05/2012 P-12 School 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... More... IL Adopted 04/2012 P-12 Waivers 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... More... GA Signed into law 04/2012 P-12 Demonstration 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... More... WV Signed into law 03/2012 P-12 School 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... More... OH Signed into law 08/2011 P-12 Innovation 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... More... IL Adopted 07/2011 P-12 Appealing 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... More... OH Signed into law 06/2011 P-12 Sanctions 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... More... NJ Issued 04/2011 P-12 Education 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... More... FL Signed into law 07/2010 P-12 Repeals 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.... More... LA Signed into law 06/2010 P-12 School 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... More... IL Adopted 11/2009 P-12 Public 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... More... GA Adopted 11/2009 P-12 LEA 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... More... OH Signed into law 07/2009 P-12 Waivers 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... More... OH Signed into law 07/2009 P-12 Limitation 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... More... OH Adopted 03/2009 P-12 Exemptions 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... More... OH Adopted 03/2009 P-12 Innovative 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... More... GA Signed into law 04/2008 P-12 Flexibility 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... More... IL Signed into law 08/2007 P-12 Waiver/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.... More... IA Signed into law 04/2007 P-12 Waivers 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... More... TN Signed into law 05/2006 P-12 School 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,... More... MS Signed into law 03/2006 P-12 Exempting 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... More... GA Adopted 10/2005 P-12 Waiver 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... More... WV Signed into law 04/2005 P-12 Local 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... More... IL Signed into law 07/2004 P-12 School 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... More... TN Signed into law 05/2003 P-12 Public 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... More... NM Signed into law 04/2003 P-12 Waivers 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... More... ND Signed into law 04/2001 P-12 Waivers 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... More... KY Signed into law 03/2000 P-12 Waivers 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... More...