115C-105.26. Waivers of State laws or rules.
(a) Except as otherwise provided for in this section, the State Board of Education shall not grant waivers of State laws or rules to local boards of education. If permitted under this section, a request for a waiver by a local board of education shall (i) identify the school or schools making the request, (ii) identify the State law or rule requesting to be waived, (iii) set out with specificity the circumstances under which the waiver may be used, and (iv) explain how the requested waiver will permit the school to improve student performance.
(b) The State Board of Education may grant waivers to local boards of education of State laws and rules pertaining to the following:
(1) Class size requirements only as provided in G.S. 115C-301(g).
(2) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.
(3) School calendar requirements in order to provide sufficient days to accommodate anticipated makeup days due to school closings only as provided in G.S. 115C-84.2(d).
(c) through (e) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015.
(f) The State Board shall act within 60 days of receipt of all requests for waivers under this section.
(g) The State Board shall, on a regular basis, review all waivers it has granted to determine whether any rules should be repealed or modified or whether the Board should recommend to the General Assembly the repeal or modification of any laws.
(h) By October 15 of each year, the State Board shall report to the Joint Legislative Education Oversight Committee with a list of the specific waivers granted to each local board of education under this section. The State Board may include any legislative recommendations identified under subsection (g) of this section in its report. (1995 (Reg. Sess., 1996), c. 716, s. 3; 1999-237, s. 8.25(b); 2006-153, s. 2; 2011-145, s. 7.13(h); 2011-391, s. 14(b); 2013-360, s. 9.7(a); 2015-241, s. 8A.6(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 115C - Elementary and Secondary Education
Article 8B - School-Based Management and Accountability Program.
§ 115C-105.20 - School-Based Management and Accountability Program.
§ 115C-105.21 - Local participation in the Program.
§ 115C-105.25 - Budget flexibility.
§ 115C-105.26 - Waivers of State laws or rules.
§ 115C-105.27 - Development and approval of school improvement plans.
§ 115C-105.30 - Distribution of staff development funds.
§ 115C-105.33 - Safe and orderly schools.
§ 115C-105.35 - Annual performance goals.
§ 115C-105.37 - Identification of low-performing schools.
§ 115C-105.37B - Reform of continually low-performing schools.
§ 115C-105.38 - Assistance teams; review by State Board.
§ 115C-105.38A - Teacher competency assurance.
§ 115C-105.39 - Dismissal or removal of personnel; appointment of interim superintendent.
§ 115C-105.39A - Identification of low-performing local school administrative units.
§ 115C-105.40 - Student academic performance standards.
§ 115C-105.41 - Students who have been placed at risk of academic failure and transition plans.