Upon application to the Board of Education (Board) a school may be granted waivers from student instructional hours and school year requirements pursuant to HRS 302A-251.  The Department of Education shall administer such procedures as may be adopted by the board.

Notwithstanding the multi-track public schools exemption from HRS 302A-251 requirements, multi-track public schools shall adhere to no less than 95% of the statutorily required days in a school year pursuant to HRS 302A-251.  Multi-track public schools may, however, request a waiver under this policy.

Waivers shall be granted only in extraordinary circumstances.  Waivers are intended to facilitate student learning and student achievement by enhancing school-level flexibility.  Schools are expected to explore alternate solutions before seeking waivers.

Any school requesting a waiver shall ensure that such waiver aligns with  its Academic and Financial Plan and demonstrate, with specificity, (1) the circumstances unique to the school justifying the waiver, (2) significant harm to students’ learning and students’ achievement should the waiver not be granted, (3) the school’s plan to exit the waiver and achieve full compliance with the statutory requirements, (4) whether the complex area superintendent and the superintendent concur with the request, (5) whether other applicable processes noted in the Board Policy entitled “School Community Council Waivers and School Community Council Exceptions Policy” were completed, and (6) alternatives considered or implemented by the school prior to requesting the waiver.

The Board may grant waivers for no longer than one school year.

Due to the scope of the justification for the waiver, the principal of the applicant school shall present the request to the Board.

Approved: 7/16/13