§4045.  Grant, denial, or extension of waivers

A.  If the requirements provided in this Chapter are met, the board may grant a waiver as requested or grant a waiver subject to specified modifications.  The waiver shall be effective for a specified period of up to four years unless terminated sooner by the board.

B.  The terms and conditions of any waiver granted pursuant to this Chapter shall be reduced to writing by and approved by the board and agreed to and signed by the superintendent, subject to the approval of the governing authority, in the manner prescribed by the board.  The written document containing the terms and conditions of the waiver shall not constitute a contract between the board and the governing authority.

C.  The board may, upon request from the governing authority and a recommendation from the department, extend the waiver period if it determines that the waiver has been effective in enabling the school to carry out the activities for which the waiver was requested and the waiver has contributed to improved quality of instruction and student academic achievement.  Any such extension shall not prevent a school otherwise eligible from being subject to transfer to the Recovery School District.

Acts 2010, No. 749, §1, eff. June 29, 2010.