Section R277-121-2 - Procedures for Waiver Requests(1)(a) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.(b) 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: (i) verification that the LEA board voted to request the waiver in an open meeting;(ii) data that support the requested waiver, which may include:(A) student achievement data;(B) community, staff, or student survey data;(C) student enrollment data; or(D) data demonstrating the cost effectiveness of the waiver request;(iii) a proposed agreement with the Board that includes:(A) a proposed effective date;(B) provisions for public review and accountability;(C) data gathering and reporting timelines; and(iv) in the case of a charter school, a recommendation from the board of the school's authorizer.(2) An LEA board may not request a waiver from a Board rule: (a) that is required by or adopts criteria from a federal statute, federal regulation, or state law;(b) that would negatively affect the health, safety, or welfare of public education students;(c) that could reasonably result in discrimination or harassment of public school students or employees;(d) that would benefit one element of the public education system to the detriment of another; or(e) when the concerns giving rise to an LEA board's request could be addressed through means other than waiver of Board rules.Utah Admin. Code R277-121-2
Adopted by Utah State Bulletin Number 2017-17, effective 8/7/2017Amended by Utah State Bulletin Number 2020-08, effective 4/9/2020Amended by Utah State Bulletin Number 2022-20, effective 10/11/2022