Current through the 2023 Legislative Sessions
Section 15.1-06-08.1 - Statutes - Waiver1. The superintendent of public instruction may not waive any statute, in whole or in part, except as provided for in this section.2. A school or school district may apply to the superintendent of public instruction for a waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25, 15.1-32, and 15.1-38, or any associated rules, if the waiver:a. Improves the delivery of education;b. Improves the administration of education;c. Provides increased educational opportunities for students; or d. Improves the academic success of students.3. The initial waiver must be for a specific period of time but may not exceed one year. The school district may apply for extensions of the waiver. The first extension may not exceed a period of one year. Additional extensions may not exceed periods of two years.4. If the superintendent of public instruction, after receipt and consideration of an application for a waiver under this section, approves the waiver, the superintendent shall file a report with the legislative management. The report must provide a detailed account of the reasons for which the waiver was granted and the specific time period for the waiver. If the superintendent of public instruction denies an application for a waiver under this section, the superintendent shall file a notice of denial with the legislative management. If requested, the superintendent shall appear and respond to questions regarding the approval or denial of any application for a waiver under this section.5. The superintendent of public instruction shall adopt rules governing the submission and evaluation of applications and the monitoring of any school or school district that receives a waiver under this section.Amended by S.L. 2017, ch. 132 (SB 2186),§ 1, eff. 8/1/2017.