§ 10-4v — Innovation waivers. Procedural requirements. Legislative review.

(a) Not later than September 15, 2015, the Commissioner of Education shall develop a process to invite innovation waiver requests from local and regional boards of education for waivers of the provisions of this title over which the State Board of Education has jurisdiction, or any regulation adopted by the state board, except a local or regional board of education shall not request or be granted a waiver of the provisions of part I of chapter 166, chapters 169 and 172, sections 10-14n to 10-14w, inclusive, 10-15, 10-16, 10-16b, 10-76d, 10-186, 10-221a, 10-223e, 10-226a to 10-226h, inclusive, and 10-233c or any requirement of federal law. Any such innovation waiver request shall be made in a manner and form prescribed by the commissioner and shall demonstrate (1) how the granting of an innovation waiver would stimulate innovation or improve administration of school district operations or student academic performance, (2) that the local or regional board of education can address the intent of the statute or regulation for which an innovation waiver is being sought in a more effective, efficient or economical manner, and (3) how the granting of an innovation waiver would ensure the protection of sound educational practices, the health and safety of students and school personnel, and equal opportunities for learning. (b) The commissioner shall review each innovation waiver request and may recommend approval of up to ten innovation waivers. The commissioner shall submit to the State Board of Education a report that includes the innovation waiver requests for which the commissioner is recommending approval and the goals or benchmarks of success for such requests to the State Board of Education. (c) (1) The State Board of Education shall review the report submitted by the commissioner pursuant to subsection (b) of this section and make a written recommendation for approval or rejection of each innovation waiver request. Such written recommendation shall include an explanation of the reasons why the state board is suggesting approval or rejection of such innovation waiver request. In considering whether to approve or reject an innovation waiver request under this subsection, the state board may (A) recommend approval of such request if the state board determines that such request sufficiently demonstrates (i) how the granting of an innovation waiver would stimulate innovation or improve administration of school district operations or student academic performance, and (ii) that the local or regional board of education submitting such request can address the intent of the statute or regulation for which an innovation waiver is being sought in a more effective, efficient or economical manner, or (B) recommend rejection of an innovation waiver request if such request is not based on sound educational practices, endangers the health or safety of students or school personnel, or compromises equal opportunities for learning. (2) The state board shall compile its recommendations for approval of innovation waiver requests into a report and, not later than March fifteenth of each school year, submit such report to the General Assembly, in accordance with the provisions of section 11-4a . (3) The state board shall compile its recommendations for rejection of innovation waiver requests into a report and, not later than March fifteenth of each school year, submit such report to the General Assembly, in accordance with the provisions of section 11-4a . (d) Not later than thirty days following receipt of the report submitted by the State Board of Education, pursuant to subdivision (2) of subsection (c) of this section, the General Assembly may, by joint resolution, disapprove any recommendations of the state board for approval of an innovation waiver request. If the General Assembly fails to disapprove such recommendations, in whole or in part, within such thirty-day period, such recommendations shall be deemed approved and the innovation waiver request shall be deemed granted. (e) The commissioner shall notify the local or regional board of education whether a submitted innovation waiver request was granted or rejected. If an innovation waiver is granted, the commissioner shall prescribe the period of time that such innovation waiver shall be valid, provided such term is not more than two school years. (f) A local or regional board of education may seek an innovation waiver renewal in the manner and form prescribed by the commissioner. Any innovation waiver renewal request shall include how the implementation of the original innovation waiver has been successful in achieving the goals or benchmarks established by the commissioner pursuant to subsection (b) of this section. An innovation waiver renewal may be granted in accordance with the provisions of subsections (c) and (d) of this section and, if granted, shall be valid for up to two school years. A local or regional board of education shall not be granted an innovation waiver renewal more than one time. (g) The commissioner may revoke an innovation waiver or an innovation waiver renewal if the commissioner finds that the implementation of such innovation waiver or innovation waiver renewal is not a sound educational practice, endangers health or safety of students or school personnel, or compromises equal opportunities for learning. (h) In recommending approval of innovation requests and innovation waiver renewal requests under this section, the commissioner and state board shall ensure that not more than twenty innovation waivers or innovation waiver renewals are in effect at any one time. (i) Any local or regional board of education granted an innovation waiver or innovation waiver renewal under this section shall (1) submit to the State Board of Education (A) annual progress reports relating to the implementation of the innovation waiver or innovation waiver renewal, and (B) a final report relating to the results of such innovation waiver or innovation waiver renewal, including whether such innovation waiver or innovation waiver renewal has achieved the goals or benchmarks established by the commissioner, at the conclusion of the innovation waiver or the innovation waiver renewal, (2) make such results available on the Internet web site of such local or regional board, (3) share, upon request, such results with other local or regional boards of education, and (4) if such innovation waiver or innovation waiver renewal is successful, provide instruction and training, upon request, to other local and regional boards of education regarding the implementation of such innovation waiver or innovation waiver renewal. (j) Not later than March 15, 2018, and annually thereafter, the commissioner shall submit a report, in accordance with the provisions of section 11-4a , to the General Assembly containing any recommendations for legislation and a description of the process developed pursuant to subsection (a) of this section.

Legislative History

(June Sp. Sess. P.A. 15-5, S. 301; P.A. 16-163, S. 21.) History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 16-163 amended Subsec. (a) by deleting reference to Sec. 10-281, effective June 9, 2016.