Section Ed 321.28 - Waiver Provisions(a) The commissioner of the department or the commissioner's designee may grant waivers for the standards required in Ed 321.03, Ed 321.04, Ed 321.06, Ed 321.10, Ed 321.12, Ed 321.20, Ed 321.21(bc), Ed 321.24, Ed 321.25, Ed 321.26, and Ed 321.27.(b) All waiver requests shall: (1) Be submitted in writing;(2) Be signed by the superintendent of schools of the district requesting the waiver;(3) Include: a. Reference to the specific section of Ed 321 for which a waiver is requested;b. A detailed explanation of the standard to be waived and the degree to which the standard will be met if the request for waiver is approved;c. A detailed explanation of the conditions that prevent compliance with the standards of Ed 321, or an explanation of how the waiver is in the best interest of education or is the most effective use of resources;d. An explanation of the district's attempts to achieve compliance with the standard;e. Maps, drawings, or diagrams as appropriate to illustrate and clarify the waiver request;f. An explanation of the impact of a denial of the request for a waiver; andg. Other information to support the request that the district would like to have considered.(c) Waiver requests for Ed 321.03(f) shall also include the following information: (1) A site utilization plan showing all pertinent features for meeting the requirements of the educational specifications that includes: a. The location for parking;c. Other municipal playing fields; andd. Any other spaces available for student use;(2) A long-range plan for any planned expansion of future spaces, such as additions, playing fields, parking lots and any other spaces available for student use; and(3) Any pertinent data relative to land values and the availability of other property, contiguous or not, that can be acquired to enlarge a school site.(d) The commissioner or the commissioner's designee shall request additional information as necessary for a ruling on the request for a waiver.(e) A written ruling shall be provided to the district by the department within 60 days of receipt of the request for a waiver or following receipt of any additional information requested by the department. A waiver shall be approved if in the determination of the commissioner of the department or the commissioner's designee, approval of the request for a waiver will not compromise the quality of education required in Ed 306 and is the best use of available resources.(f) Any part of construction work that is dependent upon or otherwise affected by the results of the request for waiver shall not proceed until a ruling on the request has been received from the department.(g) School districts may appeal the decision of the commissioner or the commissioner's designee to the state board as provided in Ed 200.N.H. Admin. Code § Ed 321.28
#8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #10363, eff 6-15-13
Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13054, Effective 6/12/2020, Expires 6/12/2030.