HB206 HFA ESPINOSA 6-18 #6
Mohr 3335
Delegate Espinosa moves to amend the bill page 35, following line 158, by striking section §18-5A-3 from the bill and inserting in lieu thereof a new section §18-5A-3 to read as follows:
§18-5A-3. County board authority to designate innovation
schools; local school improvement council proposals of alternatives to
operation of school; process for requesting waivers of rules, policies,
interpretations and statutes to implement alternatives. Authority and
procedures for local school improvement councils to request waivers of certain
rules, policies, and interpretations.
(a) The intent of this section is to establish a
mechanism which allows local school level initiatives to be designed and
implemented to encourage and facilitate the design and implementation of
innovative initiatives by local schools, working through their local school
improvement councils, that meet local school the school’s needs
and circumstances. In accordance with this intent, a local school
improvement council established under the provisions of this article may A
school level initiative may propose alternatives to the operation of the
public school which alternatives will that will enable the school to
better meet or exceed the high quality standards established by the state
board, and will increase administrative efficiency, enhance the delivery
of instructional programs, promote student engagement in the learning
process, promote business partnerships, promote parent and community
involvement at the school, in the local school system or improve
the educational performance of the school generally. In accordance with this
intent, a local school improvement council established under the provisions of
§18-5A-2 of this code may submit to its county board proposed alternatives to
the operation of the public school in accordance with this section. If the
county board approves the proposal in accordance with this section, it may
designate the school as an innovation school and may provide funding to support
implementation of the proposal, if necessary.
(b) The proposal of the council An
alternative proposed by a local school improvement council shall set forth:
(1) The objective or objectives to be accomplished under the proposal;
(2) How the accomplishment of such objective or objectives will meet or exceed the standards established by the state board;
(3) The indicators upon which the meeting of such
standards should be judged; and
(4) A projection of any funds to be saved by the proposal and how such funds will be reallocated within the school, or any costs associated with the proposal and proposed funding sources; and
(5) The alternatives proposed by the council may
include matters which require the waiver of Any policies or rules
promulgated by the state or county board, and any state
superintendent interpretations and any state statutes for which a waiver
will be required for the proposed alternative to be implemented; and Provided,
That such request for waiver be submitted to the appropriate board adopting
said rule or policy and that board may approve the waiver.
(c) For an alternative to be proposed, at least two thirds of the members of the local school improvement council must vote in favor of the proposal. If the alternative to be proposed includes the request for a waiver of policies or rules promulgated by the state or county board, state superintendent interpretations or state statutes affecting employees, then prior to the proposal of the alternative, a majority of the local affected employee group must agree.
(d) A local school improvement council shall submit its proposed alternative to the county board. The county board shall acknowledge receipt of the proposal and promptly review the proposed alternative. The county board may request additional information and clarifications from the local school improvement council regarding the proposed alternative. The county board shall approve or disapprove the proposal and return it to the council with a statement of the reasons for the action taken, subject to the following:
(1) If an alternative proposed by the local school improvement council requires the waiver of any policies or rules promulgated by the county board, approval of the proposal by the county board constitutes a grant of the waiver;
(2) If an alternative proposed by the local school improvement council requires the waiver of any policies or rules promulgated by the state board and the county board approves the proposal except that a waiver by the state board is required, the county board shall forward the approved proposal to the state board for final determination. The state board shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the county board or their agents and, in its discretion, approve implementation of the alternative or reply to the county board and council within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the state board constitutes a grant of the waiver;
(3) If an alternative proposed by the local school improvement council requires the waiver of a state superintendent's interpretation and the county board approves the proposal except that a waiver by the state superintendent is required, the county board shall forward the approved proposal to the state superintendent for final determination. The state superintendent shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the county board or their agents and, in his or her discretion, approve implementation of the alternative or reply to the county board and council within a reasonable time as to its reasons for not approving the proposed alternative. Approval of the proposal by the state superintendent constitutes a grant of the waiver;
(4) If an alternative proposed by the local school improvement council requires the waiver of a state statute and the county board approves the proposal except that a waiver of the statute is required, the county board shall forward the approved proposal to the Legislative Oversight Commission on Education Accountability. The commission shall acknowledge receipt of the proposal and promptly review the proposed alternative in consultation with the county board or their agents and determine whether a recommendation should be made for an Act of the Legislature to waive the statute to permit implementation of the proposed alternative;
(5) If an alternative that requires a waiver is proposed by more than one local school improvement council in the county and the county board approves, the county board may forward a consolidated proposal requesting the waiver to the appropriate bodies as provided in this subsection; and
(6) When an alternative to the operation of a school is approved, the county board shall establish a process for evaluation of the operation of the alternative. Approval for the operation of the alternative may be continued or revoked at any time based on the results and findings of the evaluation.
When a county board does not
act within two months after receiving a request for waiver of a county board
policy or rule or disapproves such a request, the local school improvement
council may seek an advisory opinion from the state board regarding the waiver
request. The county board shall furnish the state board with copies of all
waiver requests together with their response thereto. Provided, however,
That when a local school improvement council votes to waive a state
superintendent's interpretation, the state superintendent need only be notified
that the local council intends to waive the state superintendent's
interpretation: Provided further, That notwithstanding any other
provisions of the law to the contrary, council is not prohibited from
permitting off-site classrooms to be developed in conjunction with local
businesses if those sites have met the requirements established by the local
board and if sites are located off campus. For an alternative to be proposed,
at least two thirds of the members must vote in favor thereof: And provided
further, That if the alternative to be proposed relates to a waiver of
policies or rules promulgated by the state or county board and state
superintendent interpretations affecting employees, then prior to the proposal
of the alternative, a majority of the local affected employee group involved
must agree.
A council may also submit a written statement, with
supporting reasons, to the Legislative Oversight commission on education
accountability recommending a waiver of a statute or legislative rule, which
the commission shall review and determine whether a recommendation should be
made to the Legislature to waive such statute or rule.
When a council decides to propose an alternative, it shall
forward a copy of the proposal to the state board and the affected local board.
The state board shall acknowledge receipt of the proposed alternative, promptly
review the proposed alternative in consultation with the county board or their
agents and, in its discretion, approve implementation of the alternative or
reply to the council within a reasonable time as to its reasons for not
approving the proposed alternative. If the state board approves a proposed
alternative, the state board shall provide appropriate notice to the local
school improvement council and the county board and shall establish a process
for evaluation of the operation of the alternative. Approval for the operation
of the alternative may be continued or revoked at any time based on the results
and findings of the evaluation.
(e) Notwithstanding any other provisions of the law to the contrary, a local school improvement council is not prohibited from permitting off-site classrooms to be developed in conjunction with local businesses if those sites meet the requirements established by the county board for sites that are located off campus.
(f) The state board shall submit a report to the Legislative Oversight commission on education accountability and the Governor on September 1, of each year summarizing the proposed alternatives received, approved or rejected, continued or revoked during the preceding school year and the results and findings of the evaluations. The report shall specifically identify all policy, rule, and interpretation waiver requests including those requests made to county boards by local school improvement councils received during the preceding year and the disposition of each.