161.210. State board may modify or waive rules, when. - Missouri Statutes

State board may modify or waive rules, when.

161.210. 1. Notwithstanding any provision of law to the contrary,the state board of education is hereby granted authority to waive or modifyany administrative rule adopted by the state board or policy implemented bythe department of elementary and secondary education. School districts maysubmit applications for a waiver or modification authorized pursuant tothis section. Each application shall include a written request by theschool district or school districts and shall demonstrate that the intentof the rule or policy can be addressed in a more effective, efficient oreconomical manner or that the waiver or modification is necessary toimplement a specific plan for improved student performance and schoolimprovement. Prior to an application for waiver, the school district shallhold a public hearing regarding such waiver.

2. The state board of education may grant waivers or modificationsfor a school district or school districts that successfully demonstrate theability to address the intent of the rule or policy in a more effective,efficient or economical manner or when the waivers or modifications aredemonstrated to be necessary to stimulate innovation or improve studentperformance, provided that the waiver or modification is based upon soundeducational practices, does not endanger the health and safety of studentsor staff, and does not compromise equal opportunity for learning. Approvedwaivers or modifications shall remain in effect for a period not to exceedthree school years and may be renewed by the state board of education uponapplication by the school district or school districts.

3. This section shall not be construed to allow the state board ofeducation to authorize the waiver of any statutory requirements relating toteacher certification or teacher tenure.

(L. 1996 H.B. 1301 & 1298 § 12)