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EASTON AREA
SCHOOL DISTRICT
No. 825
SECTION:
OPERATIONS
TITLE:
STATE MANDATE WAIVERS
ADOPTED:
May 17, 2007
REVISED:
825. STATE MANDATE WAIVERS
1.
Purpose
This policy establishes guidelines for developing, applying for and implementing
waivers of state-imposed mandates and other provisions of state law, pursuant to the
Education Empowerment Act. Board procedures will supplement those set forth in
law or State Board regulations. Waiver applications submitted by the school district
shall be processed and implemented in accordance with this policy.
2.
Authority
SC 1714-B
The Board shall approve at a regular Board meeting the submission of an application
for state mandate waivers that will enable the district to improve its instructional
program or to operate in a more effective, efficient or economical manner. Approval
by the Department of Education shall be required prior to implementation by the
district.
No waiver shall be in effect until after approval has been received from the Secretary
of Education, and the Board has taken formal action acknowledging the approval
and specifying the effective date of the waiver.
The Board reserves the right to decline to implement any waiver that has been
approved, and to rescind any waiver in effect in the district.
3.
Delegation of
Responsibility
The Superintendent shall advise the Board of waiver requests being evaluated and
developed beyond the preliminary stage.
The administration shall promptly notify the Board when a waiver application is
approved or denied. When denied, the administration shall prepare a
recommendation concerning revisions and re-submittal.
The administration shall be responsible to implement required measurement methods
and prepare appropriate documentation for submission prior to the expiration of the
three-year trial period.
825. STATE MANDATE WAIVERS - Pg. 2
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4.
Guidelines
Pol. 801
Applications and supporting documentation for waivers applied for and those
currently in force, as well as approval notices from the Secretary of Education, shall
be public records maintained permanently by the Board Secretary and shall be made
available for public inspection and copying, in accordance with Board policy.
When amendments to adopted Board policy or existing administrative procedures
are necessary or appropriate in order to effectively implement the waiver, the final
recommended application presented to the Board and final solicitor’s review shall be
accompanied by specific language for proposed policy revisions and information
about associated changes in administrative procedures.
Except where clearly not pertinent nor appropriate, all bid specifications; requests
for proposals and quotations; and similar documents shall contain language advising
that:
SC 1714-B
1.
The effect of laws, regulations or standards otherwise applicable to the district
may have been altered by virtue of a waiver.
2.
It is the responsibility of persons contemplating doing business with the district
to be familiar with waivers in force or applied for as listed in district records.
Suggestions for waiver applications may be submitted by any Board member, staff
member, student, resident or taxpayer of the school district. All suggestions must be
in writing and submitted to the Superintendent, except that staff proposals shall be
routed through the chain of command, with comments or recommendations from
supervisors and administrators.