Waiver and Variance Requests
View Waiver and Variance Requests
If a Rhode Island school committee concludes that state education regulations are causing a budget deficit, the chairperson of the school committee may petition the Commissioner of Education:
To seek alternatives for the district to comply with state regulations and/or provide waivers to state regulations and, in particular those which are more restrictive than federal regulations that allow the school committee to operate with a balanced budget. (R.I.G.L.16-2-21.4)
The same law also provides that:
Waivers which affect the health and safety of students and staff or which violate the provisions of chapter 24 [Handicapped Children] …shall not be granted. (R.I.G.L.16-2-21.4(a))
The committee’s petition must identify (1) the alternatives it is proposing to use to comply with regulations and (2) the specific waivers it is seeking. The Commissioner has 15 days to respond to the petition. Of course, the Commissioner has no authority to waive or grant variances to:
- State laws
- Federal laws
- Federal regulations
- Collective bargaining agreements
- Court Decisions
If the school committee’s budget is still not balanced after the Commissioner acts on its waiver and variance requests, the school committee may petition its appropriating authority for additional funds. If these funds are denied the school committee may file a court action to seek additional funding. (R.I.G.L.16-2-21.4(b))
For your convenience, we have collected all requests for waivers or variances, along with the Department’s response to each request. Available materials date from 2007 to the present. The Protocol for Granting Variances to Regulations of the Board of Regents or Regulations of the Commissioner is also posted below: