The waiver request process has changed (as of 1/1/15). The State Board has updated the list of automatic waivers and made these waivers truly automatic. Upon entering into a charter contract with their authorizer, all charter schools are automatically granted the waivers from state statute listed below. Only non-automatic waiver requests need to be reviewed and approved by the State Board.
|Automatic Waiver List as of 1/1/15|
|State Statute Citation||Description|
|22-32-109(1)(b), C.R.S.||Local board duties concerning competitive bidding|
|22-32-109(1)(f), C.R.S.||Local board duties concerning selection of staff and pay|
|22-32-109(1)(n)(II)(A), C.R.S.||Determine teacher-pupil contact hours|
|22-32-109(1)(t), C.R.S.||Determine educational program and prescribe textbooks|
|22-32-110(1)(h), C.R.S.||Local board powers-Terminate employment of personnel|
|22-32-110(1)(i), C.R.S.||Local board duties-Reimburse employees for expenses|
|22-32-110(1)(j), C.R.S.||Local board powers-Procure life, health, or accident insurance|
|22-32-110(1)(k), C.R.S.||Local board powers-Policies relating the in-service training and official conduct|
|22-32-110(1)(y), C.R.S.||Local board powers-Accepting gifts, donations, and grants|
|22-32-110(1)(ee), C.R.S.||Local board powers-Employ teachers’ aides and other non-certificated personnel|
|22-32-126, C.R.S.||Employment and authority of principals|
|22-33-104(4)||Compulsory school attendance-Attendance policies and excused absences|
|22-63-301, C.R.S.||Teacher Employment Act- Grounds for dismissal|
|22-63-302, C.R.S.||Teacher Employment Act-Procedures for dismissal of teachers|
|22-63-401, C.R.S.||Teacher Employment Act-Teachers subject to adopted salary schedule|
|22-63-402, C.R.S.||Teacher Employment Act-Certificate required to pay teachers|
|22-63-403, C.R.S.||Teacher Employment Act-Describes payment of salaries|
|22-1-112, C.R.S||School Year-National Holidays|
Waiver Request Guidance-Charter Schools
The Waiver Request Guidance document provides an overview about how charter schools can request to waive out of state statute and rule, the process to apply for these waivers, how schools and districts receive notification of approval, frequently asked questions, and more.
For non-automatic waiver request from state statute and rule, please provide:
- An electronic, signed copy of the charter contract between the charter school and its authorizer, which includes a complete request of waivers as an appendix
- Waiver Request Form (updated 1/1/15)- complete, typed and signed
- A Rationale and Replacement Plan (RRP) for each non-automatic waiver requested from state statute. No documentation is required by CDE for automatic waivers. Click Here: View a Sample RRP.
Related Laws and Rules
School Readiness Assessments:
Charter schools may choose to waive school readiness assessments, and as true for all waivers, schools are accountable for explaining how they will meet the intent of the law. Adequate replacement plans will address the following key components of the statute in their rationale and replacement plan:
- Identify how the school will assess each component of school readiness as it is defined in statute; physical well-being and motor development, social and emotional development, language and comprehension development, and cognitive and general knowledge. What is the method or methods of assessing that will be used? These assessments do not need to be tests; observation protocols, and other qualitative methods may be used.
- Briefly describe the school’s plan for providing intervention to students based on what they learn from their readiness assessment process. This may include naming a range of possible interventions or strategies, or the description of a general approach.
CDE READ Act Guidance for Charter Schools (10/17/13)
S.B. 10-191 (The Great Teachers and Leaders Bill):
Charter schools have the ability to seek a waiver for the Licensed Personnel Performance Evaluations Act through (§22-9-106, C.R.S.) which enables a charter school to develop and implement their own staff performance evaluations. It has recently come to our attention that an additional waiver is required in order for a charter school to be exempt from also having to report those performance ratings through their authorizer to CDE. This waiver is for § 22-2-112(1)(q)(I), C.R.S. which outlines requirements for the Educator Preparation Program Report. Please contact Kelly Rosensweet (email@example.com) with questions on how to obtain this waiver.
Approved Waivers by Charter School
- View a list of waivers that have been approved for each charter school (updated September 25, 2015) as well as the frequency each state waiver has been requested by charter schools. Please be advised that this report does not reflect the recent changes to the automatic waiver list. All charter schools have been granted the waivers listed above in addition to the ones listed in this report.
Please contact Kelly Rosensweet with any questions: firstname.lastname@example.org