Section 4 AAC 03.091 - Waivers(a) Innovation in education requires flexibility in applying regulations. A local school board may request a waiver from a regulation in this title to implement an innovative program that leads to improved student achievement.(b) A waiver request from a local school board must be submitted in writing to the department and must (1) describe the innovative educational program and how it will improve student achievement;(2) specify the regulation to be waived;(3) provide criteria to measure the improvement in student achievement; and(4) specify the period of time for which the waiver is requested.(c) In determining whether to grant the waiver, the board will consider the materials submitted, recommendations of the department, and written and verbal public comment.(d) Except as provided in (e) of this section, if the board finds by a preponderance of evidence that the innovative educational program will improve student achievement, the board may waive the regulation for a period specified by the board.(e) The board will not waive a regulation required by state or federal law or necessary for health and safety.Eff. 6/16/93, Register 126; am 4/14/95, Register 134