North Carolina § 115C-105 - 26. Waivers of State laws or rules.

§ 115C-105. 26. Waivers of State laws or rules.

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. The State Board of Education may grant waivers to local boards of education of State laws and rules pertaining to the following: Class size requirements only as provided in G.S. 115C-301(g). Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015. 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). through (e) Repealed by Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015. The State Board shall act within 60 days of receipt of all requests for waivers under this section. The State Board shall, on a regular basis, review all waivers it has granted to determine whether any rules should be repealed or modified or whether the Board should recommend to the General Assembly the repeal or modification of any laws. 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. History (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).) Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995 (Reg. Sess., 1996), c. 716, s. 3, having been 115C-105.21B. Session Laws 2015-241, s. 8A.6(b), made the amendments to this section by Session Laws 2015-241, s. 8A.6(a), applicable beginning with the 2015-2016 school year. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2006-153, s. 2, effective July 1, 2006, and applicable to school improvement plans beginning with the 2007-2008 school year, substituted "size and teacher certification" for "size, teacher certification, and the duty-free period for classroom teachers under G.S. 115C-301.1 " in subdivision (b)(1). Session Laws 2015-241, s. 8A.6(a), effective July 1, 2015, rewrote the section. For applicability, see editor's note.