18.1 State Board of Education Standards for Waivers of the Operating Standards for Schools

3301-35-01

The board of education of a school district, or the governing authority of a chartered non-public school, may apply for a waiver of the Operating Standards for Schools (the “Operating Standards”), Ohio Administrative Code Rules 3301-35-01 through 3301-35-14. The Superintendent of Public Instruction (the “Superintendent”) may issue a waiver exempting a district or nonpublic school from compliance with one or more provisions set forth in the Operating Standards in accordance with the following standards, which the State Board of Education has adopted pursuant to R.C. 3301.07(O). 

The Superintendent shall work with districts and schools to approve waivers of the Operating Standards where such waivers can be granted to increase the flexibility accorded to a district or school without materially detracting from the educational program or affecting student safety. However, a waiver of the Operating Standards cannot be used to waive requirements that are set forth in statute.  Statutory requirements may, however, be subject to waiver under statutes such as R.C. 3302.05, 3302.063, or 3302.07, and a district or chartered non-public school may combine a waiver of the Operating Standards with another available waiver or exemption for the purpose of receiving a waiver of requirements that are found in both the Operating Standards and in statute. 

To apply for a waiver of the Operating Standards, a board of education or governing authority shall apply to the Superintendent, and describe the nature of the waiver requested and the time period for which the waiver is requested.  No waiver shall be granted for a period of time to exceed five years.  Prior to approving or disapproving the waiver, the Superintendent may request additional information from the district or school. The Superintendent shall consider every application for a waiver, and notify the applicant if the waiver has been approved or disapproved. A board of education or governing authority may apply to renew a waiver granted in accordance with these standards.

Last Modified: 11/18/2015 3:48:11 PM