Chapter 3301-46 Exemption from Statutes to Implement Innovative Education Pilot Programs

(A) The board of education of any school district may submit an application to the state board of education for an exemption from specific statutory provisions and/or rules in order to implement a proposed innovative education pilot program.

(B) The application shall include, but not be limited to, the following:

(1) Detailed description of the proposed innovative pilot program, including measurable outcomes, performance indicators, anticipated cost, and method of evaluation;

(2) Specific time lines for planning, implementation, and evaluation;

(3) Identification of the specific statutory provisions and/or rules for which an exemption request is made;

(4) Rationale for each exemption request; and

(5) Specific period of time for which each exemption is requested.

(C) An exemption may be granted if the following criteria are met:

(1) If the district employs teachers under a collective bargaining agreement adopted pursuant to Chapter 4117. of the Revised Code, the application shall include, the written consent of the teachers’ employee representative designated under division (B) of section 4117.04 of the Revised Code;

(2) The exemption request shall be limited to the provisions of Title XXXIII of the Revised Code or to any rule of the state board of education adopted pursuant to that title, except that no exemption shall be made from the provisions of, or rule adopted pursuant to, Chapters 3307. or 3309., sections 3319.07 to 3319.21, or Chapter 3323. of the Revised Code;

(3) The period of the exemption shall not exceed the period during which the proposed innovative pilot program is implemented, and a reasonable period thereafter to evaluate the effectiveness of the program with the stipulation that, if the innovative pilot program is terminated for any reason, all exemptions will be terminated no later than the end of the same school year; and

(4) The application shall include evidence that, at the time of the most recent school evaluation, the district had met the provisions of Chapter 3301-35 of the Administrative Code, or had taken appropriate corrective action(s).

(D) Except as provided by division (B) of section 3302.03 of the Revised Code, no request for an exemption shall be approved for any district which has been identified as deficient pursuant to section 3302.03 of the Revised Code, and/or for any district which is implementing a corrective action plan pursuant to section 3302.04 of the Revised Code.

(E) An exemption granted in accordance with this rule may be revoked by the state board of education if the district is found to be deficient pursuant to section 3302.03 of the Revised Code.

(F) Each school district receiving an exemption shall make an annual report and such other reports as required by the department of education, in such form and containing such information as may reasonably be necessary to evaluate whether or not objectives of the pilot program are being met.

R.C. 119.032 review dates: 02/04/2004 and 02/04/2009

Promulgated Under: 119.03

Statutory Authority: 3302.07

Rule Amplifies: 3302.07

Prior Effective Dates: 1/29/90