Colorado Charter School Waivers from State Law

One of the core features of Colorado Charter Schools is the ability to request and receive waivers from education-related state laws. Waivers from these laws allows for local flexibility, innovation, and accountability. While school districts can seek and obtain the same waivers as charter schools, few do.

Charter schools receive waivers from certain laws automatically, like laws related to teacher employment and dismissal. There are also certain laws, like those related to student safety, from which charter schools are not allowed to seek a waiver.

In order to be granted a waiver from a state law, a charter school must develop a rationale and replacement plan that shows how the school will meet the intent of the state law from which a waiver is being requested. The requests for a waiver must be first approved by the charter school’s authorizer, usually a local school district or the Colorado Charter School Institute, and then the waiver must be approved by the Colorado State Board of Education. Once approved, the waivers are typically valid for the term of the school’s charter contract, and must be renewed when the contract is renewed.

Charter schools are also required to post on their websites a list of the state laws from which they’ve received a waiver.

Determining which waivers a new or renewing charter school should seek requires some thought and consideration about the types of flexibility a charter school determines to be important. If your school needs assistance in making these decisions, or in drafting rationale and replacement plans, Miller Farmer Law LLC has years of experience in assisting clients navigate this process.