5 CSR 50-345.200 Waivers of Regulations
PURPOSE: This rule establishes the criteria and procedures for annually identifying school district and/or school building eligibility for waivers in compliance with applicable state law and regulations. The student performance data will be reviewed, and the commissioner of education will notify districts if they are eligible for a waiver. Districts may respond to this notification by either accepting or rejecting such waiver.
(1) This rule contains four (4) types of Department of Elementary and Secondary Education (DESE) waivers of regulations which may be granted to schools or school districts: School District Missouri School Improvement Program (MSIP) Waiver, A+ High School MSIP Waiver, Outstanding School MSIP Waiver, and Other Waiver. This rule is to be effective July 1, 2006. Districts or schools qualifying for these waivers are exempt from the MSIP on-site review process and MSIP Resource and Process Standards and Indicators not listed in the Waiver Checklist. The area supervisor will visit districts or schools that qualify for an MSIP Waiver to verify compliance with the Standards and Indicators listed in the Waiver Checklist.
(A) School District MSIP Waiver.
1. Qualifications include:
A. The district achieved accreditation in the most recent MSIP review and is accredited at the highest level as defined by MSIP and has no Missouri Assessment Program (MAP) scores at or below the established floor based upon the two (2) latest DESE generated Annual Performance Reports (APR); and
B. The district is in compliance with all Resource and Process Standards and Indicators listed in the Waiver Checklist.
2. If a district fails to meet the waiver criteria or the district no longer complies with the specific laws and rules referred to in the Waiver Checklist, the district will be scheduled for an on-site review.
(B) A+ High School MSIP Waiver.
1. Schools may qualify for an MSIP waiver when the district does not, if the school meets the following qualifications:
A. The school is currently designated as A+;
B. The school agrees to administer the MSIP Advance Questionnaire;
C. The school is in compliance with all Resource and Process Standards and Indicators listed in the Waiver Checklist; and
D. The school is not designated a Priority School.
(C) Outstanding School MSIP Waiver.
1. Schools may qualify for an MSIP waiver when the district does not, if the school meets the following qualifications:
A. The school meets at least one (1) more than half of the possible MAP scoring options at a high level for three (3) successive years;
B. The school meets at least one (1) more than half of all other MSIP performance indicators at a high level for three (3) successive years;
C. The school has no MAP scores at or below the established floor; and
D. The school is not designated a Priority School.
2. The school’s Outstanding School designation will be valid until June 30 of the year in which the school is determined to not meet items listed above.
(D) Other Waiver.
1. Districts that meet the financial qualifications identified in state law may receive a waiver of rules in order to promote flexibility in the operations of the delivery of instructional services.
(2) Waiver Checklist.
(A) School districts or schools which meet the waiver criteria outlined in subsection (1)(A) must meet all of the Resource and Process Standards and Indicators outlined in the Waiver Checklist below in order to qualify for a waiver related to MSIP.
1. The following MSIP Resource Standards and Indicators will not be waived:
A. The state high school graduation requirements;
B. Regular instruction in United States and Missouri Constitutions, as well as American History and Institutions, must be provided, and all students must pass at least a half unit of credit course in the institutions, branches, and functions of federal, state and local governments and in the electoral process, as required by state law; and
C. All administrators and teachers must be appropriately certificated to teach in Missouri public schools.
2. The following MSIP Process Standards and Indicators will not be waived
A. The district must have cross-referenced all curricular areas to the Show-Me Standards;
B. The district reports school dropouts to the Missouri Literacy Hot Line;
C. The district meets state and federal special education requirements for students with disabilities, economically disadvantaged students, migratory children, students whose native or home language is other than English and homeless youth;
D. The district complies with all regulations of the state and federal categorical programs in which the district participates;
E. The district distributes a student code of conduct and provides a protected, orderly environment;
F. The district provides professional development programs and services as required by state law;
G. Board of education members must be trained as prescribed by state law;
H. The district meets the salary compliance and the minimum salary requirements as defined in state law. This does not apply to "hold harmless" districts;
I. The district’s community, through the board of education, provides sufficient financial resources and the district is not identified as a "financially stressed district";
J. The district annually reviews its Comprehensive School Improvement Plan (CSIP) and updates it if necessary;
K. The district provides a safe physical environment for students;
L. The district implements effective and efficient fiscal management systems that ensure accountability of district funds;
M. The district maintains and regularly updates cumulative health records for all students, including immunizations as required by state law; and/or
N. The district complies with all laws related to the transportation of students.
3. No MSIP Performance Standards will be waived.
4. No Priority Schools will be waived.
5. No Financially Stressed districts will be waived.
(3) A district or school which meets the performance criteria for any of the above four (4) waivers will be so notified by the commissioner of education. The district must either accept or decline the waiver within four (4) weeks after notification; except those districts which qualify for the A+ High School MSIP Waiver, which must accept or decline that waiver by October 1 of the year of the scheduled MSIP review.
AUTHORITY: sections 160.518, 160.545 and 161.092, RSMo SUpp. 2003 and 161.210 and 163.031, RSMo 2000.* Original rule filed June 30, 2004, effective Jan. 30, 2005.
*Original authority: 160.518, RSMo 1993, amended 2001, 2002, 2004; 160.545, RSMo 1993, amended 2002; 161.092, RSMo 1963, amended 1973, 2002, 2003; 161.210, RSMo 1996; 163.031, RSMo 1963, amended 1965, 1967, 1969, 1975, 1976, 1977, 1982, 1984, 1985, 1986, 1993, 1996, 1997, 1998, 2000, 2004. |
