North Carolina § 115C-105.26 Waivers of State laws or rules

North Carolina Statutes

§ 115C-105.26 — Waivers of State laws or rules

North Carolina § 115C-105.26

Ch. 115CElementary and Secondary Education

Art. 8BSchool-Based Management and Accountability Program

Subch. IVEDUCATION PROGRAM

This text of North Carolina § 115C-105.26 (Waivers of State laws or rules) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 115C-105.26 (2026).

Text

(a)Except as otherwise provided for in this section, the State Board of Education shall not grant waivers of State laws or rules to local boards of education. If permitted under this section, a request for a waiver by a local board of education shall (i) identify the school or schools making the request, (ii) identify the State law or rule requesting to be waived, (iii) set out with specificity the circumstances under which the waiver may be used, and (iv) explain how the requested waiver will permit the school to improve student performance.

(b)The State Board of Education may grant waivers to local boards of education of State laws and rules pertaining to the following:

(1)Class size requirements only as provided in G.S. 115C-301(g).

(2)Repealed by Session Laws 2015-241, s. 8A.6(a),

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(a) Except as otherwise provided for in this section, the State Board of Education shall not grant waivers of State laws or rules to local boards of education. If permitted under this section, a request for a waiver by a local board of education shall (i) identify the school or schools making the request, (ii) identify the State law or rule requesting to be waived, (iii) set out with specificity the circumstances under which the waiver may be used, and (iv) explain how the requested waiver will permit the school to improve student performance.
(b) The State Board of Education may grant waivers to local boards of education of State laws and rules pertaining to the following:
(1) Class size requirements only as provided in G.S. 115C-301(g).
(2) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.
(3) School calendar requirements in order to provide sufficient days to accommodate anticipated makeup days due to school closings only as provided in G.S. 115C-84.2(d).
(c) through (e) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.
(f) The State Board shall act within 60 days of receipt of all requests for waivers under this section.
(g) The State Board shall, on a regular basis, review all waivers it has granted to determine whether any rules should be repealed or modified or whether the Board should recommend to the General Assembly the repeal or modification of any laws.
(h) By October 15 of each year, the State Board shall report to the Joint Legislative Education Oversight Committee with a list of the specific waivers granted to each local board of education under this section. The State Board may include any legislative recommendations identified under subsection (g) of this section in its report. (1995 (Reg. Sess., 1996), c. 716, s. 3; 1999-237, s. 8.25(b); 2006-153, s. 2; 2011-145, s. 7.13(h); 2011-391, s. 14(b); 2013-360, s. 9.7(a); 2015-241, s. 8A.6(a).)