KRS 156.1611: Expedited waivers -- Expiration -- Rescission of waiver -- Appeal of

denial -- Review.

(1) Notwithstanding any provision of KRS 156.161 to the contrary, the Kentucky

Board of Education shall establish and maintain a list of expedited waivers that a

local board of education may submit to the commissioner of education for approval.

The list of expedited waivers shall include a waiver of all statutes and

administrative regulations that prohibit a district from entering into an agreement

with an education service provider to assist in the management and operation of a

school or program. The waiver authority delegated to the commissioner of

education by the state board shall be subject to the same limitations established in

KRS 156.161(1).

(2) The commissioner shall consider an expedited waiver submitted under subsection

(1) of this section and shall either approve or deny the request within ten (10)

business days. The commissioner shall approve the request unless he or she

determines that the expedited waiver would substantially:

(a) Hinder the operation of the district's schools or programs that are the subject

of the waiver; or

(b) Impede student academic achievement within the schools or programs that are

the subject of the waiver.

(3) An expedited waiver granted by the commissioner shall expire on June 30 of the

third full school year after the request was first approved, regardless of subsequent

amendment, unless the commissioner renews the waiver prior to expiration. The

state board may extend the duration of specific expedited waivers on the list for a

longer time or permanently.

(4) If the commissioner at any time finds that a specific expedited waiver previously

granted under this section has substantially hindered school or program operation s,

endangered students, impeded student academic achievement, or supported

financial malfeasance or criminal activity, then the waiver shall be rescinded. The

existence of a waiver shall not negate the legal duties or professional

responsibilities of district employees.

(5) A local board may appeal the denial of an expedited waiver by the commissioner to

the state board. To be considered by the state board, the appeal shall be filed within

thirty (30) days of the denial. The state board shall consider the a ppeal within thirty

(30) days of the appeal being filed.

(6) By July 1 of each year, the Kentucky Board of Education shall annually review the

numbers and types of expedited waivers approved under this section and waivers

granted under KRS 156.161 to deter mine if any amendments to or repeals of

administrative regulations are necessary. The review shall also include the

operation of schools of innovation under KRS 156.161. The state board may also

recommend statutory changes to the General Assembly to reduce unnecessary

burdens on school districts and any new best practices observed from schools of

innovation that would benefit schools across the Commonwealth.