Waivers & Policy Guidance

Automatic Waivers

Below is a list of the waivers that are available to charter schools upon the establishment of a signed charter contact. A charter school is not required to submit a rationale and replacement plan for an automatic waiver.

View an Excel spreadsheet of this automatic waiver list (XLS)

Below is a standardized description and rationale document for each automatic waiver, created by CDE, that charter schools need to post on their financial transparency page.

Automatic Waivers for Charter Schools (PDF)

Prohibited Waivers

§22-30.5-104(6)(c), C.R.S. prohibits the State Board of Education from waiving any of the following statutory provisions to charters:

• School accountability committees as described in §22-11-401, C.R.S.
• Assessments required to be administered pursuant to §22-7-1006.3, C.R.S.
• School performance reports pursuant to Title 22, Article 11, Part 5, C.R.S.
• The Public School Finance Act of 1994, Title 22, Article 54, C.R.S.
• The Children’s Internet Protection Act, Title 22, Article 87, C.R.S
• The Exceptional Children's Educational Act, Title 22, Article 20, C.R.S.
• The requirement to post on the internet the statutes for which waivers are granted as provided in §22-44-305, C.R.S.
• Any provision of §22-1-130, relating to notification to parents of alleged criminal conduct by charter school employees
• Suspension and expulsion of students in preschool through second grade pursuant to §22-33-106.1, C.R.S.
• Discrimination based on hair texture, hair type, hair length or a protective hairstyle that is commonly or historically associated with race pursuant to §22-30.5-104(3), §22-32-110(1)(k) and §22-63-206(1), C.R.S.

In addition, the State Board of Education does not have authority to grant waivers from non-education statutes (statutes outside of title 22) or Federal statutes, including ESSA and IDEA.

Waiver Report: Approved Waivers by Charter School

View a list of waivers that have been approved for each charter school (PDF) (updated October 2024): Includes the frequency each state waiver has been requested by charter schools.

Charter School Waiver Request Guidance

Pursuant to Colorado Revised Statute (C.R.S.) 22-30.5-104(6)(d), as amended by HB 14-1292, a school district that applies to the state board for a waiver on behalf of a charter school is "only required to provide a complete copy of the signed charter contract."

For charter schools and authorizers new to this process, the Waiver Request Guidance (PDF) document provides an overview about how charter schools can request to waive out of state statute and rule, the process to apply for these waivers, how schools and districts receive notification of approval, frequently asked questions, and more.

For non-automatic waiver request from state statute and rule, please submit to SOC@cde.state.co.us:

• An electronic, signed copy of the complete charter contract between the charter school and its authorizer, including all elements required in §22-30.5-105, C.R.S.:
  • A clear start and end date of the term of the charter contract
  • Signatures of both the charter school and the authorizing local board
  • A list of automatic waivers the school is invoking
  • A list of the non-automatic waivers from state statute and rule the school is requesting
  • A rationale and replacement plan for each non-automatic waiver requested specifying the manner in which the charter school will comply with the intent of the waived statutes View a Sample Replacement Plan (DOC)

Contract Extensions: In the event that CDE already has a signed copy of the complete charter contract on file, including the current list of waivers and their replacement plans that the charter school wishes to invoke, an authorizer would only need to submit a signed board resolution to CDE to seek an extension of the existing waivers as long as the resolution states the new end date of the contract term.

Resources

In an effort to help support charter schools and their authorizers in the waiver request process, CDE is offering the following optional tools and resources:

• Charter RRP Template (DOC): This form may be used as the appendix section within a charter contract to identify waivers requested and replacement plans for each request. Some districts have indicated that they would like to have a form they use consistently to make this process more straightforward for their staff and board.
• Optional Early Review Process: CDE staff are happy to engage in review and feedback prior to a district finalizing their contract in terms of board resolutions and signatures. Generally, this can be a review just of the waiver appendix section, whether districts use the optional sample addendum mentioned above or one of their own design, which includes identification of non-automatic waivers and a rationale and replacement plan per waiver. Please submit your request for early review and related appendices to SOC@cde.state.co.us. Please allow 1-2 weeks for a response.
• Charter Waiver FACT Sheet (PDF): Provides an overview of what areas of statute cannot be waived, as well as, the process and timeline for requesting waivers.
• Comparison of Waiver Laws (PDF): Provides a comparison waiver law as detailed in the Innovation Schools Act, the Charter School Act and under section 22-2-117 in the Colorado Revised Statutes for school districts.
• For further guidance on 22-7-1014(2)(a) for charter schools, please refer to KSR Facts for Charter Schools. 

State Board Guidance 

• State Board Rules for Requesting Charter School Waivers (PDF)

Contact

Please submit all contracts for the purpose of waiver requests to the Schools of Choice Office email address: SOC@cde.state.co.us.
*Please note: CDE does not allow ZIP files to come through our email server. Send an email to confirm receipt of your submission or to share the files via Syncplicity.

Contact Schools of Choice with any questions about the waiver request process: SOC@cde.state.co.us or or Janyse Skalla at skalla_j@cde.state.co.us