Missouri Revised Statutes
Chapter 161 - Department of Elementary and Secondary Education
Section 161.210 - State board may modify or waive rules, when.

Effective - 28 Aug 1996
161.210. State board may modify or waive rules, when. — 1. Notwithstanding any provision of law to the contrary, the state board of education is hereby granted authority to waive or modify any administrative rule adopted by the state board or policy implemented by the department of elementary and secondary education. School districts may submit applications for a waiver or modification authorized pursuant to this section. Each application shall include a written request by the school district or school districts and shall demonstrate that the intent of the rule or policy can be addressed in a more effective, efficient or economical manner or that the waiver or modification is necessary to implement a specific plan for improved student performance and school improvement. Prior to an application for waiver, the school district shall hold a public hearing regarding such waiver.
2. The state board of education may grant waivers or modifications for a school district or school districts that successfully demonstrate the ability to address the intent of the rule or policy in a more effective, efficient or economical manner or when the waivers or modifications are demonstrated to be necessary to stimulate innovation or improve student performance, provided that the waiver or modification is based upon sound educational practices, does not endanger the health and safety of students or staff, and does not compromise equal opportunity for learning. Approved waivers or modifications shall remain in effect for a period not to exceed three school years and may be renewed by the state board of education upon application by the school district or school districts.
3. This section shall not be construed to allow the state board of education to authorize the waiver of any statutory requirements relating to teacher certification or teacher tenure.
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(L. 1996 H.B. 1301 & 1298 § 12)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XI - Education and Libraries

Chapter 161 - Department of Elementary and Secondary Education

Section 161.020 - Department of elementary and secondary education created — superintendents of schools for deaf and for blind students — appointment.

Section 161.022 - State board of education — appointment, terms, removal, compensation.

Section 161.026 - Teacher representative on state board of education, qualifications, term, vacancy — expiration date.

Section 161.026 - Teacher representative on state board of education, qualifications, term, vacancy — expiration date.

Section 161.032 - Qualifications of state board members.

Section 161.042 - Oath of office.

Section 161.052 - Vacancies in office.

Section 161.062 - Selection of officers of the board.

Section 161.072 - Meetings of board — records, electronic availability, when — closed meetings to teacher representative, when.

Section 161.082 - Board members may not act individually — quorum.

Section 161.092 - Powers and duties of state board.

Section 161.093 - High school equivalency certificate may be issued by state board, when.

Section 161.094 - Examinations for high school equivalency certificate, what tests acceptable.

Section 161.095 - Fee for examination — subsidized when.

Section 161.096 - Statewide longitudinal data system, regulation on student data accessibility, transparency, and accountability required — regulation requirements — data not to be reported — rulemaking authority — violation, penalty — attorney gener...

Section 161.097 - Evaluation of teacher education programs — advisory board established — literacy and reading instruction — rulemaking authority.

Section 161.098 - Retention and recruitment of teachers, report required.

Section 161.099 - Department to ensure that curriculum promotes preparation of teachers.

Section 161.101 - Scoring rubric on performance not to be used, when — department to develop rubric, where.

Section 161.102 - State board to adopt rules concerning courses in physical education and provide manual — procedure.

Section 161.104 - State board to adopt rules on instruction of etiquette concerning the U.S. flag.

Section 161.106 - Career and student organizations' activities, department to provide staffing support — handling of organization funds.

Section 161.112 - Commissioner of education — appointment — qualifications — compensation — removal.

Section 161.122 - Duties of the commissioner.

Section 161.132 - Department includes what — employees, appointment and compensation.

Section 161.142 - Offices of department — records.

Section 161.152 - Section of district reorganization created — duties.

Section 161.162 - Section of special education created — special education defined — director, appointment, compensation.

Section 161.172 - Veterans' training institutions, inspection and listing.

Section 161.184 - Department shall not assist in placement of certain records upon certain diplomas.

Section 161.193 - State council on vocational education established by executive order, assigned to department — reports, distribution.

Section 161.203 - Videotape to be produced on prison conditions and the young offender — rules for distribution to all districts — viewing required for all students and status offenders, exceptions.

Section 161.209 - Rules and policies, department has affirmative duty to seek comment on — review of existing rules and policies, procedure — no penalty for failure to meet resource standards, when.

Section 161.210 - State board may modify or waive rules, when.

Section 161.213 - High-quality early childhood education standards required — rulemaking authority.

Section 161.214 - School innovation team — definitions — waiver granted, when, procedure — annual report — rules.

Section 161.215 - Early childhood development, education and care fund created, purpose, use of moneys — rulemaking authority — audit.

Section 161.217 - Early learning quality assurance report--sunset provision.

Section 161.223 - Grants from department of elementary and secondary education to local school districts, preferences, discrimination prohibited.

Section 161.226 - Foreign language materials to be provided to schools, when.

Section 161.227 - Adult basic education English language services.

Section 161.241 - Reading instruction, comprehensive system of services — office of literacy — department duties — fund created, use of moneys.

Section 161.249 - Advisory council created, members, appointment, duties.

Section 161.261 - STEM career awareness, program established, purpose — online program, criteria — fund created — rulemaking authority.

Section 161.365 - Department to establish guidelines and specifications for program — districts to be provided with information — rulemaking authority.

Section 161.371 - School work construction projects, random drug and alcohol testing of contractors permitted.

Section 161.375 - Teachers and principals, standards for high-quality mentoring to be developed.

Section 161.380 - Competency-based education grant program — fund created — awarding of grants, requirements — rules.

Section 161.385 - Competency-based education task force, members, duties — report.

Section 161.400 - Commission for the deaf and hard of hearing created — appointment — qualifications — terms — expenses — chairperson — deaf members to be provided with interpreters, cost for, how paid.

Section 161.403 - Executive director — qualifications — compensation, office space, staff, to be provided by department.

Section 161.405 - Commission to function as agency of state — purpose — powers and duties.

Section 161.407 - Census of deaf population of state, purpose — census report content, filed when.

Section 161.409 - Confidentiality of all reports and records maintained by commission — violation, penalty — release of information, no liability, exception.

Section 161.410 - Missouri commission for the deaf and hard of hearing fund created in the state treasury, deposits and disbursements.

Section 161.412 - Issuance of grants to deaf-blind adults and children and their families.

Section 161.415 - Minority teaching scholarships — amount — qualifications — matching funds — renewability.

Section 161.418 - Department to develop criteria — applicant preference of schools.

Section 161.421 - Cessation of study — effect.

Section 161.424 - Recipients of scholarships to teach in this state — terms, conditions — deferral of payments.

Section 161.450 - Physical fitness challenge for students, department to adopt rules — rulemaking authority.

Section 161.500 - Citation of law.

Section 161.502 - Definitions.

Section 161.504 - Drug-free schools program created — department may apply for funding — disbursement of funds — application for funding of prevention and suppression programs — interagency agreements — administrative guidelines — annual report, cont...

Section 161.506 - Concentration of program — elements — enhanced efforts — use of funds — advisory committee.

Section 161.508 - Criteria for rating grant applications to be developed by committee — membership of committee — staff services — compensation — duties — guidelines and procedures to be developed — department to administer and monitor — personnel co...

Section 161.520 - Districts in financial stress, factors determining — notification to district school board, contents — board to prepare budget and education plan, contents.

Section 161.525 - Fiscal year ending with balance of less than one percent in teachers' and incidental funds — notice requirements.

Section 161.527 - District not required to reduce operating levy, when — restrictions on administrative costs and salaries — exemptions from restrictions, limitation — extension on exemptions may be submitted to voters.

Section 161.529 - Duties imposed on boards of education, how enforced.

Section 161.610 - Procedure for reporting performance of high school graduates completing vocational education programs — procedure — data included — public reports.

Section 161.625 - Citation of law — postsecondary information, education costs and alternative career paths — report to department, contents.

Section 161.650 - Department to identify and adopt violence prevention program, district to administer — state board to adopt violence prevention program — duties — administered how — funding.

Section 161.670 - Course access and virtual school program established, eligibility for enrollment — state aid calculation — enrollment process, payment by district — instructional activities, requirements — department duties, annual report — rulemak...

Section 161.700 - Citation of law — commission created, members — Holocaust defined — executive director may be employed — Holocaust education week.

Section 161.825 - Citation of law — definitions — master list of autism spectrum disorder resources required — scholarship granting organizations, requirements, duties — department duties — sunset provision.

Section 161.850 - Publication to be produced, purpose, content — copy to be provided to parents — rulemaking authority.

Section 161.855 - Work groups to convene, members, recommendations — state board to adopt and implement standards, when — pilot assessments — certain persons performing work to be employees of the district.

Section 161.900 - Definitions.

Section 161.905 - Assistive technology council established — members, qualifications, terms, chairperson how selected — meetings.

Section 161.910 - Bylaws to be adopted by council, no compensation but to be paid expenses.

Section 161.915 - Council assigned to agency for technological-related assistance to individuals with disabilities.

Section 161.920 - Council assigned to department of elementary and secondary education, when — appropriation required for continued actions and staff.

Section 161.925 - Duties of council.

Section 161.930 - Assistive technology trust fund created, use of moneys.

Section 161.935 - Council to assure compliance with federal accessibility laws — duties of council to assure accessibility.

Section 161.940 - Assistive technology loan program created — council to promulgate rules to enforce.

Section 161.945 - Assistive technology loan revolving fund established.

Section 161.1050 - Initiative established, department duties — definitions.

Section 161.1055 - Pilot program established, selection of schools — fund created — definitions.

Section 161.1080 - Citation of law.

Section 161.1085 - Definitions.

Section 161.1090 - School turnaround program, purpose — criteria, designation of schools in need.

Section 161.1095 - School turnaround committee, members — expert — plan, contents — local educational agency duties — approval of plan, procedure.

Section 161.1100 - Independent school turnaround experts identified by department, duties — qualifications for experts.

Section 161.1105 - Contracts awarded for experts, criteria — negotiation of contracts, department duties — fund created, use of moneys.

Section 161.1110 - Review of school turnaround plan — approval criteria — rulemaking authority — fund created, use of moneys — grants awarded.

Section 161.1115 - Extension granted, when — rulemaking authority.

Section 161.1120 - School recognition and reward program established, purpose — fund created, use of moneys — grants awarded.

Section 161.1125 - Report to joint committee on education.

Section 161.1130 - Rulemaking authority.