§ 115C-105.26. Waivers of State laws, rules, or policies. - North Carolina Statutes

§ 115C‑105.26.  Waiversof State laws, rules, or policies.

(a)        When included aspart of a school improvement plan accepted under G.S. 115C‑105.27, localboards of education shall submit requests for waivers of State laws, rules, orpolicies to the State Board of Education. A request for a waiver shall (i)identify the school making the request, (ii) identify the State laws, rules, orpolicies that inhibit the school's ability to improve student performance,(iii) set out with specificity the circumstances under which the waiver may beused, and (iv) explain how the requested waiver will permit the school toimprove student performance. Except as provided in subsection (c) of thissection, the State Board shall grant waivers only for the specific schools for whichthey are requested and shall be used only under the specific circumstances forwhich they are requested.

(b)        When requested aspart of a school improvement plan, the State Board of Education may grantwaivers of:

(1)        State lawspertaining to class size and teacher certification; and

(2)        State rules andpolicies, except those pertaining to public school State salary schedules andemployee benefits for school employees, the instructional program that must beoffered under the Basic Education Program, the system of employment for publicschool teachers and administrators set out in G.S. 115C‑287.1 and G.S.115C‑325, health and safety codes, compulsory attendance, the minimumlengths of the school day and year, and the Uniform Education Reporting System.

(c)        The State Boardalso may grant requests received from local boards for waivers of State laws,rules, or policies that affect the organization, duties, and assignment ofcentral office staff only. However, none of the duties to be performed underG.S. 115C‑436 may be waived.

(c1)      The State Board alsomay grant requests received from local boards for waivers of State laws, rules,or policies that require that each local school administrative unit provide atleast one alternative school or at least one alternative learning program.

(d)        Notwithstandingsubsections (b) and (c) of this section, the State Board shall not grantwaivers of G.S. 115C‑12(16)b. regarding the placement of State‑allottedoffice support personnel, teacher assistants, and custodial personnel on thesalary schedule adopted by the State Board.

(e)        Notwithstandingsubsection (b) of this section, the State Board may grant requests receivedfrom local boards for waivers of State laws, rules, or policies pertaining tothe placement of principals on the State salary schedule for public schooladministrators in order to provide financial incentives to encourage principalsto accept employment in a school that has been identified as low‑performingunder G.S. 115C‑105.37. The State Board shall act on requests under thissubsection at the first Board meeting following receipt of each request.

(f)         Except as providedin subsection (e) of this section, the State Board shall act within 60 days ofreceipt of all requests for waivers under this section.

(g)        The State Boardshall, on a regular basis, review all waivers it has granted to determinewhether any rules should be repealed or modified or whether the Board shouldrecommend to the General Assembly the repeal or modification of any laws. (1995 (Reg. Sess., 1996), c.716, s. 3; 1999‑237, s. 8.25(b); 2006‑153, s. 2.)