Section 0520-01-02-.12 - WAIVERS(1) Pursuant to T.C.A. § 49-1-201(d), upon application by an LEA for one (1) or more of its schools, the Commissioner of Education may waive any State Board rule or statute that inhibits or hinders the LEA's ability to meet its goals or comply with its mission.(2) Waivers shall not be granted by the Commissioner for requirements related to:(a) Federal and state civil rights;(b) Federal, state, and local health and safety;(c) Federal and state public records;(e) Possession of weapons on school grounds;(f) Background checks and fingerprinting of personnel;(g) Federal and state special education services;(j) Federal and state student assessment and accountability;(l) Educators' due process rights;(m) Reductions in teachers' salaries;(n) Employee rights, salaries and benefits;(o) Licensure of employees;(p) Maximum class sizes established in T.C.A. § 49-1-104, unless in the case of a natural disaster that results in the enrollment of displaced students.(3) All waiver requests shall be submitted in writing to the Commissioner by the director of schools on the forms provided by the Department.(4) All waiver requests shall include a listing of the specific State Board rule or statute requested to be waived.(5) The Commissioner may request additional information to supplement a completed request.(6) The Department shall post to its website any waiver of statutes, rules, regulations, or policies granted by the Commissioner within five (5) business days of the Commissioner's approval. The waivers shall include the name of the LEA requesting the waiver and an explanation of the waiver requested.Tenn. Comp. R. & Regs. 0520-01-02-.12
Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed April 12, 1983; effective May 12, 1983. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed October 15, 1986; effective January 27, 1987. Amendment filed July 21, 1988; effective October 29, 1988. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed August 20, 2020; effective 11/18/2020.Authority: T.C.A. §§ 49-1-104, 49-1-201(d), and 49-1-203.