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Waivers Rule Criteria
Waivers Applications
180-Day Waivers
Waivers from basic education program requirements (RCW 28A.150.200 through 28A.150.220) may be granted on the basis that they “are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student” (RCW 28A.305.140). Waivers may also be granted from the requirement for a 180-day school year, through August 2014, to a limited number of districts meeting certain enrollment criteria that propose to operate schools on a flexible calendar for purposes of economy and efficiency (RCW 28A.305.141).
| What is the definition of a school day? |
RCW 28A.150.203 defines a school day:
'School day' means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school.
Under this definition, full-day parent-teacher conferences are not considered a school day toward the required 180 days because it is implicit in the statute that all pupils must be engaged in academic and career and technical instruction on that day. A late start, early release, or half day for parent teacher conferences is considered a school day toward the required 180 days. Districts planning full-day parent teacher conferences within a 180-day school year must apply to SBE for a waiver to be in compliance with the Basic Education Act.
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| What types of waivers are granted? |
The State Board of Education has the authority to grant waivers from basic education program requirements (RCW 28A.150.200 through 28A.150.220). This includes:
The State Board of Education’s authority to grant waivers from the basic education program requirements reside in RCW 28A.305.140, RCW 28A.305.141, and RCW, 28A.655.180(1). The rules that govern requests for waivers are in WAC 180-18-030, WAC 180-18-040, WAC 180-18-050, and WAC 180-18-065. The State Board of Education’s authority to establish rules governing minimum high school graduation requirements reside in RCW 28A.230.090. |
| What is the process to obtain a waiver from the minimum 180-day school year requirement? |
Option 1 is the regular waiver that may be granted under RCW 28A.305.140 to enhance the educational program for each student. The process for a district application for a waiver and for evaluation of the need for the waiver by SBE is specified in WAC 180-18-040 (1) and WAC 180-18-050 (1) and (2). Under this process, districts may propose the number of days to be waived and the types of activities deemed necessary to enhance the educational program and improve student achievement.
The waiver application, a signed resolution by the local school board, a proposed school calendar, a summary of the collective bargaining contract with the local education association, and all supporting documentation must be received by the State Board of Education at least forty days prior to the State Board of Education meeting at which consideration of the waiver will occur.
Option 2 is a waiver for the purposes of economy and efficiency, authorized in RCW 28A.305.141, for eligible districts to operate one or more schools on a flexible calendar. It was created as a pilot program in 2009. The waiver will expire August 31, 2014.
SBE may grant five of these waivers: two to districts with student populations under 150 and three to districts with student populations between 150 and 500.
Currently, two districts with fewer than 150 students have Option Two waivers. No districts with student populations between 150 and 500 have requested these waivers. Therefore, SBE could still grant up to three waivers to districts of this size, though only through August 31, 2014.
RCW 28A.305.141(4) requires SBE to examine the waivers granted and make a recommendation to the legislature by December 15, 2013, whether the program should be continued, modified, or allowed to terminate as scheduled under law.
Amended rules to RCW 28A.305.140 establish a process of expedited waivers of the 180-day requirement for the purpose of full-day parent-teacher conferences.
Under WAC 180-18-050(3), a district seeking to obtain a waiver of up to five days solely for the purpose of conducting parent-teacher conferences must provide notification of the request to the SBE at least 30 days before implementation. The district must submit an adopted resolution by the local school board and other information and documentation specified in the rule.
Within 30 days of receipt, the SBE will, on determining that the required information and documentation have been submitted, notify the district that the requirements have been met and the waiver granted.
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| What is the process to obtain a waiver from the minimum high school graduation requirements? |
A school may apply for a waiver from the credit-based graduation requirements of WAC 180-51-061 (1)(a) through (h) and WAC 180-51-066 (1)(a) through (h). |
WaKIDS Waivers FAQ
| Does my district need a waiver to implement WaKIDS? |
If you are operating a state-funded, full-day Kindergarten program, you may need to seek a 180-day waiver.
A waiver is required if a district devotes an entire school day to the Family Connection component and all Kindergarten students are not scheduled to attend school on that day. This requirement is driven not by State Board policy but by the Legislature's definition of a school day.
A waiver is not required if a district conducts the Family Connection component over the course of multiple partial school days during which all Kindergarten students are scheduled to attend for at least part of a school day (e.g. late start, early release, half days). |
| Why would my district need a waiver when we are required by state law to implement WaKIDS? |
Districts are required to provide 180 school days. "’School day’" means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school (RCW 28A.150.203).
Full-day parent-teacher conferences and the WaKIDS Family Connection component are not considered a school day toward the required 180 days because the statue provides that all pupils need to be engaged in academic and career and technical instruction on a given day. |
| Does the Family Connections component of WaKIDS count towards the minimum required instructional hours in RCW 28A.150.220? |
Yes. "'Instructional hours' means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals" (RCW 28A.150.205). |
| Is there a separate application for waivers for WaKIDS? |
No. The State Board of Education granted special, one-year waivers in 2012 for districts required to implement WaKIDS.
At this time, SBE is deferring consideration of additional WaKIDS waivers, pending resolution of the issue in the Legislature.
Districts seeking waivers for WaKIDS may apply for expedited waivers of up to five days for parent-teacher conferences, under amended WAC 180-18-050 (3), or may apply through the regular Option One waiver process. |
| What is the State Board of Education doing to address this issue? |
SBE is supporting legislation amending basic education law to provide that schools administering the Washington Kindergarten Inventory of Developing Skills may use up to five school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. |
To learn more, please contact
Jack Archer
The Washington State Board of Education
P.O. Box 47206
Olympia, WA 98504-7206
Phone: 360-725-6035
Fax: 360-586-2357
jack.archer@k12.wa.us
Waivers granted under Option 1, the permanent process (WAC 180-18-040 (1))
| Auburn |
3 |
1 |
2012.07.12 |
2012-2013 |
R |
| Bainbridge-Elementary |
4 |
3 |
2011.09.15 |
2012-2014 |
N |
| Bainbridge-Secondary |
2 |
3 |
2011.09.15 |
2012-2014 |
N |
| Battle Ground |
5 |
1 |
2012.07.12 |
2012-2013 |
N |
| Bethel |
2 |
3 |
2011.03.10 |
2013-2014 |
R |
| Cascade |
4 |
3 |
2012.07.12 |
2014-2015 |
N |
| Columbia (Walla Walla) |
3 |
3 |
2012.08.06 |
2014-2015 |
N |
| Colville |
6 |
3 |
2012.05.09 |
2014-2015 |
N |
| Cusick |
2 |
3 |
2012.07.12 |
2014-2015 |
N |
| Deer Park |
4 |
3 |
2012.11.09 |
2014-2015 |
R |
| Eastmont |
5 |
3 |
2012.03.15 |
2014-2015 |
N |
| Edmonds |
5 |
3 |
2011.03.10 |
2013-2014 |
R |
| Elma |
3 |
3 |
2010.05.14 |
2012-2013 |
N |
| Entiat |
4 |
3 |
2011.09.15 |
2013-2014 |
N |
| Federal Way |
7 |
3 |
2011.07.14 |
2013-2014 |
R |
| Finley |
3 |
1 |
2012.08.06 |
2012-2013 |
N |
| Granger |
5 |
3 |
2012.03.15 |
2014-2015 |
R |
| Highline-Elementary |
4 |
3 |
2011.09.15 |
2013-2014 |
R |
| Highline-Secondary |
2 |
3 |
2011.09.15 |
2013-2014 |
R |
| Issaquah |
2 |
3 |
2012.11.09 |
2014-2015 |
N |
| Kelso |
1 |
1 |
2012.07.12 |
2012-2013 |
N |
| Kettle Falls |
4 |
3 |
2011.09.15 |
2013-2014 |
N |
| Lake Quinault |
4 |
3 |
2011.05.12 |
2013-2014 |
R |
| Longview |
3 |
3 |
2011.05.12 |
2013-2014 |
N |
| Lopez Island |
4 |
3 |
2011.05.12 |
2013-2014 |
R |
| Lyle |
4 |
1 |
2012.09.26 |
2012-2013 |
R |
| Medical Lake |
4 |
3 |
2011.09.15 |
2013-2014 |
N |
| Methow Valley |
6 |
3 |
2011.03.10 |
2013-2014 |
R |
| Monroe |
4 |
3 |
2011.03.10 |
2013-2014 |
R |
| Mount Baker |
4 |
3 |
2011.07.14 |
2013-2014 |
R |
| Mount Vernon |
1 |
3 |
2011.09.15 |
2013-2014 |
N |
| Mukilteo |
2 |
3 |
2010.08.25 |
2012-2013 |
R |
| Napavine |
4 |
3 |
2011.05.12 |
2013-2014 |
R |
| Nespelem |
6 |
3 |
7/15/2010 |
2012-2013 |
R |
| Newport |
5 |
3 |
2011.03.10 |
2013-2014 |
R |
| North Franklin |
4 |
3 |
2012.07.12 |
2014-2015 |
N |
| North Kitsap |
5 |
3 |
2011.09.15 |
2013-2014 |
N |
| Northshore |
5 |
3 |
2011.03.10 |
2013-2014 |
R |
| Oak Harbor |
4 |
3 |
2011.09.15 |
2013-2014 |
N |
| Odessa |
3 |
1 |
2012.11.09 |
2012-2013 |
N |
| Okanogan |
4 |
3 |
2011.09.15 |
2013-2014 |
N |
| Omak |
4 |
3 |
2011.07.14 |
2013-2014 |
N |
| Onion Creek |
5 |
3 |
2011.05.12 |
2013-2014 |
R |
| Orient |
4 |
3 |
2011.05.12 |
2013-2014 |
R |
| Orondo |
4 |
1 |
2012.09.26 |
2012-2013 |
R |
| Oroville |
3 |
3 |
2011.07.14 |
2013-2014 |
N |
| Othello |
6 |
3 |
2011.05.12 |
2013-2014 |
R |
| Prosser |
4 |
3 |
2012.07.12 |
2014-2015 |
N |
| Puyallup |
2 |
3 |
2013.03.14 |
2015-2016 |
N |
| Republic |
2 |
3 |
2012.07.12 |
2014-2015 |
N |
| Riverside |
5 |
1 |
2012.09.26 |
2012-2013 |
R |
| Rosalia |
2 |
3 |
2010.05.14 |
2012-2013 |
N |
| Seattle |
3 |
2 |
2011.03.10 |
2012-2013 |
R |
| Seattle Elementary |
3 |
2 |
2011.03.10 |
2012-2013 |
R |
| Seattle Middle/High |
1 |
2 |
2011.03.10 |
2012-2013 |
R |
| Sedro Wooley |
3 |
3 |
2011.03.10 |
2013-2014 |
N |
| Sequim |
4 |
3 |
2011.07.14 |
2013-2014 |
N |
| Shoreline |
5 |
3 |
2011.03.10 |
2013-2014 |
R |
| Snohomish |
4 |
3 |
2012.03.15 |
2014-2015 |
N |
| South Bend |
3 |
3 |
2012.03.15 |
2014-2015 |
R |
| Stevenson-Carson |
1 |
1 |
2012.07.12 |
2012-2013 |
N |
| Sultan |
6 |
3 |
2012.09.26 |
2014-2015 |
N |
| Sunnyside |
7 |
3 |
2011.09.15 |
2013-2014 |
R |
| Tacoma |
20 |
3 |
2012.11.09 |
2014-2015 |
N |
| Tacoma |
Varies by school |
1 |
2011.05.12 |
2013-2014 |
R |
| Thorp |
2 |
3 |
2012.07.12 |
2014-2015 |
N |
| Wahkiakum |
4 |
3 |
2011.09.15 |
2013-2014 |
R |
| Waitsburg |
2 |
3 |
2011.07.14 |
2013-2014 |
R |
| Walla Walla |
3 |
2 |
2012.09.26 |
2013-2014 |
N |
| Waterville |
4 |
3 |
2012.11.09 |
2014-2015 |
N |
| West Valley |
4 |
3 |
2012.07.12 |
2014-2015 |
N |
| Vashon Island |
5 |
3 |
2012.11.09 |
2014-2015 |
N |
| Zillah |
7 |
3 |
2011.05.12 |
2013-2014 |
R |
Option One Waivers for WaKIDS Implementation (one year only)
| Anacortes |
Whitney |
3 |
2012.05.09 |
2012-2013 |
| Bremerton |
Armin Jahr, View Ridge, West Hills STEM Academy, Naval Avenue Early Learning Center, Crownhill, Kitsap Lake |
2 |
2012.07.12 |
2012-2013 |
| Centralia |
Jefferson Lincoln |
3 |
2012.07.12 |
2012-2013 |
| East Valley |
Trent, CCS, East Farms |
2 |
2012.07.12 |
2012-2013 |
| Edmonds |
Cedar Valley |
3 |
2012.05.09 |
2012-2013 |
| Everett |
Garfield, Hawthorne, Madison, Jefferson, Lowell, Monroe, Silver Lake, View Ridge, Woodside |
3 |
2012.05.09 |
2012-2013 |
| Federal Way |
Lake Grove, Mark Twain, Mirror Lake, Olympic View, Sunnycrest, Wildwood |
1 |
2012.05.09 |
2012-2013 |
| Ferndale |
Central |
5 |
2012.05.09 |
2012-2013 |
| Highline |
Beverly Park, Cedarhurst, Hilltop, Madrona, McMicken Heights, Midway, Seahurst, White Center Heights |
2 |
2012.05.09 |
2012-2013 |
| Mabton |
Artz Fox |
2 |
2012.07.12 |
2012-2013 |
| Mary Walker |
Springdale |
3 |
2012.07.12 |
2012-2013 |
| Mount Vernon |
Centennial, Madison |
3 |
2012.05.09 |
2012-2013 |
| Prosser |
Whitstran, Keene Riverview |
4 |
2012.05.09 |
2012-2013 |
| Renton |
Campbell Hill, Lakeridge, Renton Park, Tiffany Park |
2 |
2012.07.12 |
2012-2013 |
| Royal |
Red Rock |
2 |
2012.05.09 |
2012-2013 |
| Wenatchee |
Lewis and Clark, Lincoln, Mission View, Columbia |
3 |
2012.05.09 |
2012-2013 |
Option 2 (Waivers granted under pilot process for efficiency & economy (RCW 28A.305.141)
| Bickleton |
<150 |
3 |
2012.03.15 |
2013-2014 |
R |
| Paterson |
<150 |
3 |
2012.03.15 |
2013-2014 |
R |
Option 3 (pilot process) Option 3 waivers were eliminated by rule adoption in November 2012.
| Adna |
3 |
3 |
2011.05.11 |
2013-2014 |
N |
| Arlington |
3 |
3 |
2011.06.14 |
2013-2014 |
N |
| Asotin-Anatone |
2 |
3 |
2011.06.02 |
2013-2014 |
N |
| Bellingham |
3 |
3 |
2010.08.25 |
2012-2013 |
N |
| Blaine |
3 |
3 |
2011.03.07 |
2012-2013 |
N |
| Cle Elum |
3 |
3 |
2011.05.11 |
2013-2014 |
N |
| Colfax |
2 |
2 |
2010.09.26 |
2011-2012 |
N |
| Colton |
2 |
2 |
2011.08.04 |
2013-2014 |
N |
| Columbia (Hunters) |
3 |
3 |
2011.08.04 |
2012-2013 |
N |
| Columbia (Walla Walla) |
3 |
3 |
2010.08.16 |
2012-2013 |
N |
| Curlew |
2 |
3 |
2010.08.16 |
2012-2013 |
N |
| Davenport |
2 |
3 |
2010.08.25 |
2013-2014 |
N |
| Garfield |
3 |
3 |
2011.06.24 |
2013-2014 |
N |
| Granite Falls |
2 |
3 |
2012.08.12 |
2013-2014 |
R |
| Kittitas |
3 |
3 |
2011.05.11 |
2013-2014 |
N |
| LaCrosse |
1 |
1 |
2011.06.24 |
2011-2012 |
N |
| Mary Walker |
3 |
2 |
2011.08.12 |
2012-2013 |
N |
| Naches Valley |
2 |
3 |
2011.04.25 |
2013-2014 |
R |
| Oakesdale |
2 |
3 |
2011.04.25 |
2013-2014 |
R |
| Ocean Beach |
3 |
2 |
2011.05.11 |
2012-2013 |
N |
| Olympia |
3 |
3 |
2011.06.30 |
2013-2014 |
N |
| Palouse |
3 |
3 |
2011.04.25 |
2013-2014 |
R |
| Port Angeles |
2 |
3 |
2011.08.12 |
2013-2014 |
N |
| Raymond |
3 |
3 |
2011.05.11 |
2013-2014 |
N |
| Reardan-Edwall |
3 |
3 |
2010.09.27 |
2012-2013 |
N |
| Selkirk |
3 |
3 |
2011.06.24 |
2013-2014 |
N |
| Sultan |
2 |
3 |
2010.08.25 |
2012-2013 |
N |
| Sumner |
3 |
3 |
2011.08.09 |
2013-2014 |
N |
| Tahoma |
3 |
3 |
2011.03.21 |
2013-2014 |
N |
| Tekoa |
2 |
2 |
2011.08.04 |
2013-2014 |
N |
| Valley |
3 |
3 |
2011.06.24 |
2013-2014 |
N |
Waivers granted from the credit-based graduation requirements of WAC 180-51-061 (1)(a) through (h) and WAC 180-51-066 (1)(a) through (h)
| Highline |
Odyssey High School |
6 |
2012.03.15 |
2018-2019 |
N |
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